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DEFERRED ACTION FOR DREAMers
June 15, 2012
Everyone knows about the ongoing debate about foreigners brought to the U.S., who grew up in the U.S., and who know the U.S. as their country. The issue is even through they were brought here as children through no fault of their own, they could be deported at any time. Additionally, they cannot work legally and few are able to attend college.
On June 15, 2012, President Obama announced that by his executive authority as President, he has ordered the Department of Homeland Security to defer enforcement action against unlawfully present aliens popularly known as DREAMers:
To qualify, an individual must:
- Be 15-30 years old, and have entered before age 16;
- Have been present in the U.S. for 5 years as of June 15, 2012;
- Have maintained continuous residence;
- Have not been convicted of a felony, a significant misdemeanor or multiple minor misdemeanors;
- Be currently in school, graduated or have a GED (or in the process of getting a GED), or be an honorably discharged veteran.
The deferred action offer will be available to those in proceedings, those with final removal orders, as well as to those who apply affirmatively.
The Administration is not yet accepting applications for this action. Within sixty days – by the middle of August – the Administration expects to issue guidance and information about how eligible individuals can request deferred action and work authorization.
If you are not in removal proceedings, DO NOT apply for deferred action at this time. Unfortunately, this policy may open the door for fraud and deception by so-called “Notarios.” In the United States, notarios have no legal background and cannot act as a qualified attorney. Anyone claiming they can submit an application or charging a fee for applying for deferred action should NOT be trusted until the process been announced by the federal government. An immigrant’s case can be delayed by notarios acting in bad faith, resulting in penalties and even deportation.