Thursday, August 29, 2013

An Overview Of The Deferred Action For Dreamers Program

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.

Immigrants who get qualification can receive the program for a period lasting two years. Any person who gets an approval of the action cannot be deported to from the United States or singled out for removal as long as the deferral period lasts. Immigrants who have already gotten their final removal notice or are in the process of undergoing removal proceedings can make an application for the deferral program, as well as the ones who have never undergone the proceedings of removal.

The main benefit of the deferral policy under this program is perhaps the fact that the persons who successfully apply for it are allowed to get a work authorization from the USCIS. This facilitates their eligibility to other notable benefits like ID card or drivers license application. What more, they can apply for parole advance, provided they fill up a Form I-131 and pay the required application fee.

There are several criteria and requirements to be met by anyone wishing to apply for the deferral program. For one, they must be 31 year old or younger as of June 2012 and came to the country earlier than the day of their 16th birthday. The applicant must have stayed in the country non-stop since June 2007 up to date. Additionally, they must have been present physically in the United States on the day the program was initiated and when they apply for work authorization.

Other criteria is that an individual must be currently in school, has obtained a certificate proving that he or she has completed high school or graduated, has gotten a GED or happens to be a honorably discharged veteran of the US Armed Forces of the Coast Guard. Most importantly, the individual must not have been convicted of a significant misdemeanor, felon, three other misdemeanors or more, and hence does not pose a threat to public security or national security.

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.

Homeland Security together with USCIS may have stated that they will keep all the information they have in the strictest of confidence. However, for interests of national security, they may be compelled to give the information to CBP or ICE. Any doubts on the part of the applicant can be sorted with the help of an immigration lawyer who will evaluate the case and offer legal advice.

An application for deferred action for dreamers can still be denied even if the applicant adheres to all the criteria and requirements. Whats more, appealing a denied application is not possible.




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