Deferred Action for Dreamers

Are You Eligible for Deferred Action?  Lets take a look…

On June 15, 2012 the Dept. of Homeland Security announced it will move to exercise prosecutorial discretion for individuals who were brought to this country through no fault of their own as children and meet several key criteria.  If they demonstrate they meet the specified criteria, these individuals will be considered for relief from removal from the country or, if they are not presently in immigration proceedings, may come forward and affirmatively seek deferred action.  If eligible, these individuals will receive deferred action for a period of two years, subject to renewal.

Eligibility of Foreign Nationals for Deferred Action

  • Have come to the United States under the age of sixteen
  • Have continuously resided in the United States for at least five years preceding June 15, 2012 and are present in the United States on June 15, 2012
  • Currently be in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States
  • Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety
  • Not be above the age of thirty.

Individuals will be required to prove through verifiable documentation that they meet these criteria to be eligible for deferred action. Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a continuous period of not less than 5 years immediately preceding June 15, 2012.  It is important to understand, prosecutorial discretion confers no substantive right or pathway to citizenship.

Under existing regulations, individuals who receive deferred action may apply for and may obtain employment authorization from USCIS provided they can demonstrate an economic necessity for employment. Information about employment authorization requests is available on USCIS’s website at here.

As of August 15, 2012 USCIS has launched the Deferred Action for Childhood Arrivals Process.  The process requires the applicant to gather documents proving they are currently residing in the United States, showing proof of education, and other items we can discuss.  It also requires the filing of two forms to be submitted to the USCIS.  Please be aware, deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.

To learn more about qualifying for deferred action, call Marisol L. Escalante at (443) 804-8250.  Please be sure to contact a qualified immigration attorney before beginning any immigration process as these matters are very complex and may present removal risks.