DREAM Update as of June 18, 2012 (from National Stakeholder Conference Call with USCIS, ICE, and CBP)
- It appears the criminal issues will be the biggest factor so have your clients do the FBI livescan NOW (6-8 weeks processing time). DUIs will render the applicant ineligible. Unknowns: Juvenile offenses, alcohol related lesser charges, petty offenses. They said several times “the state’s definition of misdemeanor” will be used in determining if someone has been convicted of 3 or more “non-signficant” misdemeanors.
- This is unconfirmed but it sounded like if the applicant is in the process of obtaining GED (presumably this means enrolled in GED classes), this prong of eligibility will be met.
- Because of the way the “higher scrutiny of ULP family members” questions were answered in this call, it is my belief that these family members WILL be at higher risk of examination for NTA issuance (i.e., being placed into deportation proceedings).
- It may be USCIS Service Centers who adjudicate these cases or it may be local field offices.
- It sounds like it will take the full 60 days to implement.
- Deferred Action does not absolve person of continuing unlawful presence.
- Deferred Action grantees will be eligible for EAD card. 2 years renewable.
- Types of documentation that will be considered: financial, medical, school, employment, and military records
- USCIS, CBP, and ICE will address fraud in Deferred Action applications “vigorously.”
- NO APPEALS of Deferred Action denials, only supervisory review.
- No derivative beneficiaries of Deferred Action; each individual must qualify on his or her own merits.
- No decision yet as to whether someone granted Deferred Action may travel outside the U.S.
- ICE’s role: Work with CBP to ensure qualified Deferred Action candidates who have been placed into removal proceedings are not deported and close proceedings against those qualified.
- Prior administrative closure of a removal proceeding does not preclude a grant of Deferred Action.
- Government will announce the procedure for Deferred Action qualified people who are in proceedings.
- ICE will aggressively investigate Notario and other fraud in relation to Deferred Action applications.
- CBP will announce a procedure for the detention, investigation and release of those encountered by CBP (e.g., at Port of Entry or Border) who qualify for Deferred Action.
- Must have been in the U.S. for 5 continuous years as of June 15, 2012 and must have been in the U.S. on June 15, 2012.
- Is the 5 year cut off June 15 or June 16, 2007? Don’t know yet.
- What will the Deferred Action documentation look like? Don’t know yet.
- What are significant misdemeanors? Like the offenses we use at ICE – assault, DUI, drug trafficking, arms trafficking.
- What will the processing times be? Don’t know.
