The Dream Act
Do you qualify for deferred action?
If you arrived in the United States as a child, you may qualify for deferred action. Under the Dream Act, the United States Citizenship and Immigration Services (USCIS) may defer removal action of individuals brought into the country as young children. For several years, the USCIS has attempted to transform the immigration enforcement system in the United States. In short, the Department of Homeland Security wants to focus its efforts on taking deferred action against individuals who are actual threats to national security and public safety, such as felons, repeat offenders and violent criminals - not people who immigrated to the United States as young children.
About Deferred Action
Generally speaking, deferred action is a determination made by the government to stay action against individuals who would otherwise be removed from the country. Deferred action doesn't mean that your presence in the U.S. is suddenly lawful; it simply gives you more time to pursue legitimate citizenship or legal immigration status. The USCIS will handle all applications for deferred action and decisions will be made on a case by case basis.
If your application is not accepted, you are not allowed to appeal the decision of the USCIS. However, you may file a motion to have the government reconsider you application. There is a fee attached to deferred action application. However, if you are a young person who is currently in the foster care system, without parental support, homeless or unable to provide for yourself, you may not have to pay the application fee.
Dream Act Qualifications
In order to qualify for the Dream Act, you must have been less than 31 years old as of June 15th, 2012. Additionally, you must have entered the U.S. while a child - less than 16 years of age. You will not qualify for deferred action under the Dream Act if you have not lived in the U.S. continuously since June 15th, 2007. It is required that you have been physically present in the U.S. on June 15th, 2012 in order to apply, entered the country without inspection or are currently enrolled in school. Your application will be considered if you have earned a certificate of completion from high school or graduated, earned a GED, or were honorably discharged from the United States Armed Forces or Coast Guard.
If you have been convicted of a felony, a substantial misdemeanor, or three or more other misdemeanors, you will not be considered for deferred action. If you application is rejected, your information will not be shared with the United State Immigration and Customs Enforcement (ICE) unless the USCIS determines that you are a threat to United States National security. Prior criminal offenses may affect your application, too. For instance, any domestic violence, sexual abuse/exploitation, burglary, unlawful possess of a firearm, drug distribution, drug traffic or driving under the influence will automatically disqualify you from the Dream Act.
We Can Help!
If you need help with an issue related to immigration litigation, an attorney from Eiges & Eiges, PC may be able to help. At the firm, we are well-versed in all facets of immigration law and are ready to help you understand your rights. We believe in representing our clients with aggression. We have helped clients through deportation defense, asylum, and appeals. If you need help but don't know where to turn, you've come to right place. If you have questions, talk to an attorney from the office today and schedule a case consultation. The sooner we hear from you, the faster we can begin creating an effective case strategy to help you get the favorable case outcome you want.
