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August 10, 2012 SachsLaw

Deferred Action for Dreamers

Sachs Law Group & Deferred Action for Dreamers

On June 15, 2012, Secretary of Homeland Security, Janet Napolitano, announced policy changes that can potentially benefit thousands of undocumented individuals who came to the United States as children. These individuals may be eligible for deferred action for a period of two years, subject to renewal. Deferred action will be available to individuals, including those in removal proceedings or who have a final order of removal, who meet certain eligibility criteria. It is crucial that you consult with a reputable immigration attorney to determine your eligibility prior to applying for deferred action. While this policy may be helpful to many, individuals who do not qualify and/or have committed certain criminal offenses run the risk of being placed into removal proceedings as a consequence of submitting an application for deferred action.

By scheduling a free consultation with one of our attorneys, who are experts in both immigration and criminal law, you can find out if you meet the eligibility requirements and rest assured that you will avoid any risks.

What Does Deferred Action Mean?

Deferred action is a form of prosecutorial discretion. If granted, removal from the United States is deferred; in other words, postponed for a period of time. Unfortunately, deferred action is not a lawful status and will not lead to a “green card” or U.S. citizenship. However, deferred action has a number of benefits. If granted deferred action, the individual can apply for work authorization and, therefore, can obtain a social security card and driver’s license. The work authorization will be valid for a period of two years and can be renewed for as long as deferred action is in effect. Most importantly, for the period of deferred action, the individual is protected from deportation and can begin to live life without constant fear and apprehension that they will be placed in removal proceedings. Our attorneys will be better able to explain exactly what deferred action means for you at the time of your free consultation.

Who is Eligible?

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 from 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. For each individual who applies, USCIS will also conduct a background check.

What should I do next?

If you think you might be eligible for deferred action, you should call our office at (215) 854-8440 to schedule a free consultation with one of our attorneys who will be able to answer all your questions and guide you through the application process. It is especially important that you consult with one of our attorneys if you have ever had contact with law enforcement in the United States before submitting any type of application to avoid potential negative consequences.

Our attorneys speak Spanish, Portuguese, Polish and are here to assist you. Contact us to schedule your consultation today!