NO DEPORTATION FOR DREAM ACT ELIGIBLE IMMIGRANTS
*Speak to an immigration attorney today to see if you are eligible for this type of relief from the government.*
Although the DREAM ACT is dead, the Obama administration is trying to provide a short term relief to certain DREAM ACT eligible young people who were here before the age of 16 and have no criminal record. Documentation of such presence in the United States, completion or current attendance in school and criminal records must be provided.
La Secretaria Napolitano Anuncia Proceso De Acción Diferida Para Jóvenes Que Sean De Baja Prioridad Para La Aplicación De La LeyWASHINGTON— Secretary of Homeland Security Janet Napolitano today announced that effective immediately, certain young people who were brought to the United States 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. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.
MUST MEET THE FOLLOWING REQUIREMENTS:
- Came to the United States under the age of sixteen;
- Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
- 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.
- Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action.
- Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a period of not less than 5 years immediately preceding today’s date.
- Deferred action requests are decided on a case-by-case basis.
- DHS cannot provide any assurance that all such requests will be granted. The use of prosecutorial discretion confers no substantive right, immigration status, or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.
For individuals who are in removal proceedings and have already been identified as meeting the eligibility criteria and have been offered an exercise of discretion as part of ICE’s ongoing case-by-case review, ICE will immediately begin to offer them deferred action for a period of two years, subject to renewal.