DREAM Act
DREAM Act Work
Permit
DREAM Act (DACA) Forms
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DREAM Act Work Permit
Prosecutorial Discretion for Certain Young People
As of June 15, 2012, certain young people brought to the
United States as children are eligible to request deferred action. U.S.
Citizenship and Immigration (USCIS) is developing a process for these young
people to request deferred action and will implement the process within sixty
(60) days.
What is Deferred Action?
Deferred action is a
discretionary determination to defer removal action of an individual as act of
prosecutorial discretion. Deferred action does not confer lawful status upon an
individual. Additionally, although an alien granted deferred action will not be
considered to be accruing unlawful presence in the U.S. during the period of
deferred action is in effect, deferred action does not absolve individuals of
any 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. Deferred action can
be terminated at any time at the agency’s discretion or renewed by the agency.
Deferred Action for Young People
The Secretary of Homeland
Security Janet Napolitano announced on June 15, 2012 that effective immediately,
certain young people who were brought to the U.S. as young children, do not
present a risk to national security or public safety, and meet several key
criteria will be considered for relief from removal from the country or from
entering into removal proceedings. As a result, those who demonstrate that they
meet the criteria will be eligible to receive deferred action for period of two
(2) years, subject to renewal, and will eligible to apply for work
authorization.
Individuals who demonstrate
that they meet the following criteria will be eligible for an exercise of
discretion, specifically deferred action, on a case by case basis:
- Came to the United States
under the age of sixteen;
- Have continuously resided in the United States for at least five (5)
years preceding June 15, 2012 and are present in the United States on June
15, 2012;
- Are currently in school, have graduated from high school, have obtained
a general education development certificate, or are honorably discharged
veterans of the Coast Guard or Armed Forces of the United States;
- Have not been convicted of a felony offense, a significant misdemeanor
offense, multiple misdemeanor offenses, or otherwise pose a threat to
national security or public safety;
- Are not above the age of thirty (30).
Only those individuals who can
prove through verifiable documentation that they will meet these criteria will
be eligible for deferred action. Individuals must also complete a background
check. Deferred action requests will be decided on a case-by-case basis. The
Department of Homeland Security cannot guarantee that all such requests will be
granted.
The USCIS has released a flow
chart to determine eligibility for deferred action for Childhood Arrivals.
Click here to view the flowchart.
Process
The U.S. Citizenship and
Immigration Services (USCIS) is developing a process for these young people to
request deferred action and will implement the process by mid-August.
Until USCIS announces how to request deferred action, please visit:
If you are interested in
requesting deferred action for childhood arrivals, please provide us with your
e-mail address in order that we can put you on our DACA Dream Act list and
notify you on initiating the application process.
Email Address
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