Friday, June 15, 2012

DREAM ACT JUNE 15, 2012:New "Deferred Action" Law Allows Work Permits for Certain Illegal Foreign Nationals Under 30 Years Old

back to home . . . 



DREAM ACT June 15, 2012 A new policy allows some illegal immigrants under the age of 30 to be immune from deportation and get a 2 year DACA Work Permit if they were:
  • Brought to the United States before they turned 16; and,
  • Be age 30 years old or younger on June 15, 2012; and,
  • Present in the U.S. for 5 years as of June 15, 2012 ; and,
  • Has not been convicted of 1 felony, 1 significant misdemeanor or 3+ minor misdemeanors; and,
  • Maintained continuous residence in the USA; and,
  • Is currently in school OR has graduated from high school OR has obtained a general education development certificate (GED) OR are honorably discharged veterans of the Coast Guard or Armed Forces of the United States; and,
  • Pass a background check.

How old do I have to be to apply for deferred action?

You must be at least 15 years of age or older at the time of filing your application. If you are not yet 15 years old but meet the requirements for DACA, you can file your application after you turn 15 years old.
There is one exception. You can apply for the DACA work permit if you are not yet 15 years old, if you are in removal proceedings, have a final removal order, or have a voluntary departure order, and are not currently being detained by immigration.

The Department of Homeland Security formally announced that it will offer deferred action to "DREAMers"  (called "Childhood Arrivals")

DACA applicants will be able to apply for a work permit (and then a social security number) that will be good for two years with no limits on how many times it can be renewed. This new dream act law is expected to potentially affect over 1,000,000 people now in the USA.

What Status Would I Have if I Am Granted "Deferred Action?" Does it Give Me "Legal" Status?

Deferred action is a discretionary determination to defer removal action of an individual as an act of
prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition,although an alien granted deferred action will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not absolve individuals ofany previous or subsequent periods of unlawful presence.

Under existing regulations, an individual who has been granted deferred action is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.

What Criminal Offenses qualify as a “significant misdemeanor”?

A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs. Not even 1 significant misdemeanor is allowed.

Driving under the influence (DUI or DWI) always considered a "significant misdemeanor" regardless of the jail time the judge ordered. Sorry.

What Criminal Offenses qualify as a regular (non-significant) misdemeanor?

A non-significant misdemeanor is any misdemeanor where the maximum jail time the judge could have ordered is only one year or less but greater than 5 days AND is not included in the list above AND is one where the person was sentenced to jail time of 90 days or less.  Jail time for an immigration hold does not count.

What If I had a Minor Traffic Ticket?

A minor traffic ticket (like driving without a license) is not considered a misdemeanor at all.  But if you have a lot of traffic tickets, your entire history can be considered to decide whether to grant you the work permit or not. We have not been told what a "lot of tickets" means.

What if I had a Juvenile or Expunged Conviction?

You have to still put the information on your application, but expunged convictions and juvenile convictions do not automatically disqualify you.  The government says they will decide these cases on a "case-by-case" basis.  

After I Get the DREAMer Work Permit Can I Get A Green Card or USA Citizenship?

This new policy will not lead to green cards or USA citizenship at the present time, but can remove the threat of deportation and grant the ability to work legally, allowing eligible immigrants able to legally remain in the United States for extended periods of time.

When Can I Apply for a Deferred Action Childhood Arrival (DACA) Work Permit?

Now.  The DACA applications and instructions are available now.

How Much Will the Deferred Action Work Permit Cost?

$465 for the government fees.  If you hire an Immigration Attorney there will be additional attorney's legal fees.

Does Deferred Action Result in Permanent Lawful Status for Me or Any Of My Relatives?

No. The grant of deferred action under this new directive does not provide an individual with permanent lawful status. Only the Congress, acting through its legislative authority, can confer the right to permanent lawful status.

Are You Sure I Should Apply?  What If It Doesn't Work?

For individuals whose requests for deferred action are denied by USCIS, USCIS will apply its existing Notice to Appear in front of an immigration judge (called an "NTA") guidance governing USCIS’s referral of cases to ICE. Under this guidance, individuals whose requests are denied under this process will be referred to ICE if they have a criminal conviction or there is a finding of fraud in their DREAMer deferred action request.  In other words, it is possible for a DACA work permit applicant to be deported if their deferred action application is denied due to certain criminal convictions or allegations of fraud (lying on the application).  If you provide information that hurts you, you cannot take it back and there are few chances to appeal a denial.

NEED AN IMMIGRATION ATTORNEY?  We can represent students in all states.  If you would like information about how much we charge to assist you with this work permit contact Danielle Nelisse, Senior Immigration Attorney, toll free at (877) 884-6644 or (619) 235-8811 or email her at  danielle@immigrationworkvisa.com.  

Each case is different.  We can charge a lower amount of legal fees if we thoroughly review & critique your application before submission, or we charge a higher amount of legal fees if we do all of the work for you.  We also can accept credit cards/paypal for the legal fees and the government fees.

2 comments:

  1. so this only works for the people that are being deported.. not for the people that are going to colledge and want to continue colledge??? im confuse cause a lot of people are saying this is only for the people that are being deported and it excluded the others???

    ReplyDelete
  2. You will get your answers on August 15, 2012 when the DACA work permit application is released by the government. This blog article will be updated on August 15, 2012 to provide the link to the DACA workk permit application.

    Kind regards, Danielle Nelisse

    ReplyDelete