The United States Homeland Security initiated a program on 15th of August 2012 referred to as deferred action for dreamers. This program provides deferred action for qualified but undocumented immigrants. While it may not give the applicant status that is lawful, it may cancel the accumulation of unlawful presence for the entire time of the period it lasts.
Individuals who qualify can receive deferral actions for a period of a couple of years. An individual who receives approval of the program cannot be removed from the US or placed into removal proceedings during the course of the deferral period. Those who are have already received the last orders of removal or are currently in removal proceedings can apply for this program, together with those who have never been subject to the removal proceedings.
In this program, perhaps the biggest benefit of the deferred policy is that individuals who are granted it are free to apply for employment authorization from USCIS. This allows them the eligibility to other benefits such as applying for an ID card or a driving license. In addition, they can also make an application for advance parole, which is done through completion of Form I-131 and payment of the application fee.
If individuals want to apply for the deferral program, they must satisfy several eligibility criteria and requirements. They must be below the age of 31 years as of June 15 2012 and must have come to the United States prior to their 16th birthday. The immigrant must have lived in the country continuously since June 15 2007 up to the present time, and was physically present in the nation when making an application to USCIS and on 15th June 2012.
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 applicant for this program is considered in terms of case-by-case. However, it is possible for the application not to be granted should the applicant be found to have a criminal record, with the exception of certain special circumstances. Immigrants should bear in mind that all the applications will go through a thorough background check before approval.
As much as USCIS and Homeland Security has stated that they will not give names and data to ICE and CBP, for the sake of national security and public safety they will be compelled to release the information. In case an applicant has any doubts, it is recommended that they visit an immigration lawyer and get legal advice as well as get an evaluation of their case.
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.
Individuals who qualify can receive deferral actions for a period of a couple of years. An individual who receives approval of the program cannot be removed from the US or placed into removal proceedings during the course of the deferral period. Those who are have already received the last orders of removal or are currently in removal proceedings can apply for this program, together with those who have never been subject to the removal proceedings.
In this program, perhaps the biggest benefit of the deferred policy is that individuals who are granted it are free to apply for employment authorization from USCIS. This allows them the eligibility to other benefits such as applying for an ID card or a driving license. In addition, they can also make an application for advance parole, which is done through completion of Form I-131 and payment of the application fee.
If individuals want to apply for the deferral program, they must satisfy several eligibility criteria and requirements. They must be below the age of 31 years as of June 15 2012 and must have come to the United States prior to their 16th birthday. The immigrant must have lived in the country continuously since June 15 2007 up to the present time, and was physically present in the nation when making an application to USCIS and on 15th June 2012.
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 applicant for this program is considered in terms of case-by-case. However, it is possible for the application not to be granted should the applicant be found to have a criminal record, with the exception of certain special circumstances. Immigrants should bear in mind that all the applications will go through a thorough background check before approval.
As much as USCIS and Homeland Security has stated that they will not give names and data to ICE and CBP, for the sake of national security and public safety they will be compelled to release the information. In case an applicant has any doubts, it is recommended that they visit an immigration lawyer and get legal advice as well as get an evaluation of their case.
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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