Deferred Action to be available for DREAMers

posted Jun 15, 2012, 8:09 AM by Michael Vosilla   [ updated Jun 19, 2012, 1:11 PM ]

In keeping with President Obama’s push towards focusing deportation resources on those who pose a risk to the United States and exercising prosecutorial discretion, the U.S. Department of Homeland Security (DHS) has formally announced that certain individuals who were brought to the US as young children will be able to request deferred action, a form of relief from removal/deportation.

These young individuals, often called DREAMers (Development, Relief, and Education for Alien Minors) will have to meet the following criteria:
  1. Have entered the US before the age of 16
  2. Currently be no older than 30
  3. Have continuously resided in the US for the last 5 years
  4. Be currently in school, graduation (or have a GED), or be an honorably discharged veteran
  5. Have not been convicted of one serious crime or multiple minor crimes
If granted, deferred action allows an individual to remain in the US without accruing unlawful presence.  It is mindful to note that deferred action does not grant lawful status, nor does it forgive prior unlawful presence.  Those granted deferred action may however be able to apply for an Employment Authorization Document (EAD), commonly known as work authorization.
Deferred action may be available for those who have final order of removal (deportation order), are currently in removal proceedings and those currently without valid immigration status.
To discuss this announcement with an experienced immigration attorney, please contact LaFountain & Wollman, P.C. to set up a free half-hour consulation.