Change in Policy effective June 15, 2012
Deferred Action Granted to Undocumented Youth
On June 15, 2012, President Obama announced a new immigration policy providing "Deferred Action" for undocumented young people, allowing certain qualified youth to remain in the United State legally. With this policy, undocumented young people who receive deferred action also will be permitted to work for a period of two years and may be renewed if there is an economic necessity. Unlike the DREAM Act, this executive order is only a temporary solution for deportation of foreign nationals. The grant of deferred action does not result in any permanent lawful statues. However, it will help many young people who came to United States through no fault of their own as young children receive relief from removal, even though Congress has, so far, refused to pass the DREAM Act.
To apply for deferred action, undocumented immigrants must:
- Have come to U.S. under the age of 16
- Have continuously resided in the U.S. for at least 5 years preceding June 15, 2012 and are present in the U.S. on June 15, 2012
- Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorable discharged veterans of the Coast Guard or Armed Forces of the U.S.
- Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security of public safety
- Are not above the age of 30
Applicants have to demonstrate that they meet all the required criteria. USCIS will process background check and determine the eligibility of applicants under case-by-case review. A very good discussion of the policy factors related to deferred action is available on the USCIS website at http://www.uscis.gov/childhoodarrivals. .
If you are qualifying undocumented immigrants, no matter whether you have already been in deportation proceeding, or subject to final removal orders, we suggest you to seek the advice of licensed immigration attorneys before submitting application. We invite you to come to our firm to discuss your case. We will guide you to apply for a two year deferral of removal and employment authorization. Applications for this benefit are able to be submitted immediately.
