DREAMER Immigration/Deferred action
Congress has provided a path to citizenship for deserving young people who entered the United States illegally as minors. DREAM (Development, Relief, and Education for Alien Minors) act grants conditional permanent residency to young illegal immigrants who are of good moral character, and who are seeking higher education or military service.
United States offers two year, renewable grants of “deferred action” to young men and women who would theoretically be eligible for relief under the DREAM act. Deferred action does not grant an immigrant legal status in the United States—rather it protects the immigrant from accruing unlawful presence, and allows him or her to obtain a work permit. The policy allows the Department of Homeland Security (DHS) to focus its efforts on removing immigrants who pose a genuine threat to national security, rather than expending resources on deporting young men and women who, as President Obama has said, “[are] Americans in their hearts, in their minds, and in every single way but one: on paper.”
Forms of Proof
Applicants will be required to undergo a full background check before applying for deferred action. While this check will be sufficient to prove that the applicant has never been convicted of a felony offense, a significant misdemeanor offense, or multiple misdemeanor offense, United States Immigration and Customs Enforcement (ICE) and United States Immigration Services (USCIS) will require additional documentation as proof that the applicant meets the other four criteria. Sufficient documentation includes, but is not limited to:
- Financial records;
- Medical records;
- Employment records;
- Diplomas, GED certificates, report cards, and school transcripts; and
- Report of separation forms, military personnel records, and military health records.
Failure to provide the necessary documents will result in disqualification.
Qualified immigrants will be eligible to apply for deferred action, even if they have already accepted an offer of administrative closure, have seen their case terminated as part of the case-by-case review process under previous rules, have declined an offer of administrative closure, or have been deemed ineligible for such an offer. Immigrants who are not approved for deferred action under this directive may still have legal recourse, and a denial does not disqualify the immigrant from seeking any of the other legal protections available to him or her.
As per this new directive, only immigrants who would theoretically be qualified to benefit from the DREAM act are eligible for relief. Deferred action will be awarded on a case-by-case basis, but in order to qualify, the immigrant:
- Must have entered the United States before his or her sixteenth birthday;
- Must have resided in the United States for five continuous years before, and have been physically present on, June 15, 2012;
- Must be currently in school, have graduated from high school, have obtained their GED, or have received an honorable discharge from the Coast Guard or Armed Forces of the United States;
- Must not have been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or pose a threat to national security or public safety;
- Must be below the age of thirty one.
An eligible applicant must be able to provide verifiable documentation that they meet these criteria.
Under this new directive, qualified aliens will be eligible for “deferred action.” This is not a form of legal status, nor does it negate previous unlawful presence. Deferred action allows the alien to remain in the United States without accruing new unlawful presence, and authorizes him or her to apply for a work permit.
The directive does not provide a pathway to lawful permanent status to those who qualify, but the two year periods of deferred action are indefinitely renewable. There is, however, no guarantee of renewal, and approved deferred action may be terminated at any time at the discretion of the agency involved. Reasons for termination may include misdemeanor and felony convictions.
DOCUMENTS REQUIRED FOR DREAM ACT DEFERRED ACTION FOR CHILDHOOD ARRIVAL
Proof of Identity:
- Valid expired or unexpired passport from country of nationality with picture name date of birth
- Valid government issued photo identification document such as driver’s license
- Valid birth certificate with photo identification
- Visa issued by a US consulate abroad
- A national id document from home country or finger prints
Proof of Arrival:
Documentation showing that you arrived in the United states before your 16th birth day
- If arrived legally , I-94 arrival departure record
- Any visa stamp on the passport that shows entry date or travel
- School transcripts
- Medical and immunization records
- Religious records such as baptismal certificate, or confirmation
- Tax records where you are claimed as a dependant
- Any bank account or credit card history in the US
- Any government correspondence mentioning you
Proof of presence:
Documents to prove five years continuous presence in the US before June 2012 and that you were present in the US on June 15, 2012
- School transcripts, Test results and certificates or diplomas
- Medical records
- Bank records if any
- Rent or lease agreements /Receipts
- Automobile proof of insurance or registration
- Driver license if any
- Marrriage/ divorce or birth of children documentation
- Utility bills in your name
Those in removal proceedings, those with final orders, and those who have never been in removal proceedings – will be able to affirmatively request consideration of deferred action for childhood arrivals with USCIS.
- All requestors must provide biometrics and undergo background checks.
- Fee waivers cannot be requested for the application for employment authorization and biometric collection. However, fee exemptions will be available in limited circumstances.
- The four USCIS Service Centers will review requests
You may request consideration of deferred action for childhood arrivals if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Evidence, including supporting documents, that you file with your request for deferred action should show that you meet the guidelines outlined in the section above entitled
“How to determine if you may request consideration of deferred action for childhood arrivals?”. This includes evidence that you:
- You were born after June 15, 1981;
- Arrived in the United States before the age of 16;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were present in the United States on June 15, 2012;
- Entered without inspection before June 15, 2012 or your lawful immigration status expired as of June 15, 2012;
- Are currently in school, graduated or received a certificate of completion from high school, obtained a general educational development certificate (GED), or that you are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces; and
- Are at least 15 years of age at the time of filing, if you have never been in removal proceedings or if your case was terminated before your request.
Does this process apply to you if you are currently in removal proceedings, have a final removal order, or have a voluntary departure order?
This process is open to any individual who can demonstrate he or she meets the guidelines for consideration, including those who have never been in removal proceedings as well as those in removal proceedings, with a final order, or with a voluntary departure order (as long as they are not in immigration detention). If you are not in immigration detention and want to affirmatively request consideration of deferred action for childhood arrivals you must submit your request to USCIS. You do not need to be 15 years of age or older at the time of filing your request if you are in removal proceedings, have a final removal order, or have a voluntary departure order. All cases will be considered on an individual basis.
Submit a copy of the removal order or any document issued by the immigration judge or the final decision from the Board of Immigration Appeals (BIA), if available. If you have not been in removal proceedings, this requirement does not apply to you.
Do brief departures interrupt the requirement of having continuous residence in the United States since June 15, 2007?
A brief, casual, and innocent absence from the United States will not interrupt your continuous residence. If you were absent from the United States for any period of time, your absence will be considered brief, casual, and innocent, if it was before August 15, 2012, and:
- The absence was short and reasonably calculated to accomplish the purpose for the absence;
- The absence was not because of an order of exclusion, deportation, or removal;
- The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and
- The purpose of the absence and/or your actions while outside the United States were not contrary to law.
Beginning August 15, 2012, additional information about specific documents that may show your absence was brief, casual, and innocent,is available on the USCIS website.
Will USCIS conduct a background check when reviewing your request for consideration of deferred action for childhood arrivals?
Yes. You must undergo biographic and biometric background checks before USCIS will consider whether to exercise prosecutorial discretion under the consideration of deferred action for childhood arrivals process. If you have been convicted of any felony, a significant misdemeanor offense, three or more misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, or otherwise pose a threat to national security or public safety, you will not be considered for deferred action for childhood arrivals except if DHS determines there are exceptional circumstances.
Will You be safe from deportation?
Yes. Unless terminated, individuals whose case is deferred pursuant to the consideration of deferred action for childhood arrivals process will not be placed into removal proceedings or removed from the United States for a period of two years. You may request consideration for an extension of that period of deferred action. You must also request an extension of your employment authorization at that time.
USCIS FEES: $465
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Immigration Attorney Huma Kamgar Esq 