A Look At Deferred Action For Dreamers

By Gloria Mason


On 15th August 2012, the United States Department of Homeland Security came up with a program known as deferred action for dreamers, which offers deferral actions for undocumented but qualified immigrants. This action does not grant lawful status to an individual, but is does halt the accumulation of illegal presence for the entire duration of the period of deferral.

Qualified immigrants who successfully apply for the program will get it for a two year period. Such individuals cannot be chased away from the country or shortlisted for deportation as long as the two year period lasts. Immigrants who may have received their final deportation notice or are in the process of being deported can apply for this program. Others who can apply are those who have not yet undergone the proceedings of deportation.

Under this program, one of the biggest benefits of deferred program is that people who are granted it may apply from USCIS for work authorization. This makes it possible for individuals to be eligible for other benefits like application for a drivers license and an identification card. Additionally, they can also complete Form I-131 and pay the applicable fee in order to apply for advance parole.

Individuals must satisfy a number of requirements and eligibility criteria if they wish to apply for deferred action. They include being 31 years old or below as of 15th June 2012 and having arrived to the US before reaching their 16th birthday. The individual must have resided in the United States continuously since 15th June 2007 until the present time, and was present physically in the country on June 15 2012 and when they were applying to USCIS.

Other notable criteria are that the applicant must be currently enrolled in a school, has graduated from high school or possesses a certificate to prove this fact, is an honorably discharged Armed Forces or Coast Guard of the United States veteran, or has a GED. An important requirement is that they must not have accumulated any criminal record in their stay in the US, thus not posing a danger to public safety or security of the nation.

Each deferred action program application is put into consideration on a basis of case-by-case. Should the applicant be found to be convicted of a felony, a significant misdemeanor or at least three more misdemeanors, they may not be granted unless in the case of special circumstances. One should put into consideration that each and every applicant to the program will go through a background check.

While homeland security and USCIS have said that they will not be providing information and names routinely to CBP or ICE, they are capable of and will provide information for the sake of public safety and national security. In case someone has any doubts, prior to filing an application they are advised to seek legal advice from an immigration lawyer to have their case evaluated.

It is possible for a deferred action for dreamers application to be declined despite the applicant fulfilling all the requirements. In such a case, appealing the decision is not possible.




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