DEFERRED ACTION ANNOUNCED
On June 15, 2012, Secretary of Homeland Security Janet Napolitano 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.
The USCIS has not announced a final procedure, but the latest information we have received follows:
Those who demonstrate that they meet the criteria will be eligible to receive deferred action (DA) for a period of two years, subject to renewal, and will be eligible to apply for work authorization. To qualify, an individual MUST:
- have arrived in the U.S. when they were under the age of sixteen;
- have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012;
- currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;
- not have been convicted of a felony offense, a "significant misdemeanor offense," three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and
- have been under thirty-one years old on June 15, 2012.
CONTACT THE EXPERT REMOVAL DEFENSE LAWYERS AT COFMAN & BOLOURTCHI LLC TODAY. WE CAN HELP YOU SEEK RELIEF UNDER THIS NEW POLICY.WHAT IS DEFERRED ACTION?
Deferred action is when the Department of Homeland Security (DHS) agrees not to place an individual in removal (deportation) proceedings or not to execute an order of removal. A decision to grant or deny a request is a purely administrative act and it is not subject to review by either administrative or federal courts.
Deferred action cannot be granted by an immigration judge. Deferred action requests are generally made to the Immigration and Customs Enforcement (ICE) office with jurisdiction over the person.
Deferred action does not confer any immigration status on an individual nor does it prevent DHS from initiating removal proceedings at any time. Where it is granted, no action will be taken to remove the individual from the country. The period of time in which a person is in deferred action status is considered to be a stay authorized by the Attorney General and the individual does not accrue any unlawful presence during that period of time.
Individuals granted deferred action can also seek employment authorization.WHO CAN APPLY FOR DEFERRED ACTION.
The new policy offers deferred action to those who meet all qualifying criteria and:
- are in proceedings
- have final removal orders and
- who apply affirmatively.
This means that if you are already in removal proceedings but qualify, you can apply. If you have been ordered removed or have taken voluntary departure and have a final order from the Immigration Court, and you qualify, you can apply. Lastly, if you are NOT YET in removal proceedings but qualify for this relief, you can apply.
One HUGE benefit is that applicants who qualify for this relief are eligible to gain work authorization, renewable in 2 year increments.
The Administration is not yet accepting applications for this action. Within sixty days - by the middle of August - the Administration expects to issue guidance and information about how eligible individuals can request deferred action and work authorization.
The Deferred Action process is complicated, especially with a new, untested policy in place, and you need an experienced immigration attorney to represent you.
THE EXPERT REMOVAL DEFENSE LAWYERS AT COFMAN & BOLOURTCHI LLC HAVE BEEN GETTING DEFERRED ACTION FOR CLIENTS FOR YEARS, AND WE KNOW HOW TO GET IT DONE. CONTACT US.CRIMES MAY DISQUALIFY YOU.
Felony conviction: If someone has been convicted of any Felony, they are not eligible. If someone has been convicted of a "significant misdemeanor," they are not eligible.
Significant misdemeanors that are Disqualifying Offenses (DO) include the following:
- domestic violence
- sexual abuse or exploitation
- obstruction of justice
- unlawful flight from arrest,prosecution, or leaving the scene of an accident
- unlawful possession or use of a firearm
- drug distribution/trafficking
- unlawful possession of drugs.
Multiple misdemeanors: this means three (3) or more misdemeanor convictions not occurring on same day and not arising out of the same act.
Juvenile Adjudications: May be included-but the USCIS is still currently looking at this.
CONTACT THE EXPERT REMOVAL DEFENSE LAWYERS AT COFMAN & BOLOURTCHI LLC TODAY. WE CAN HELP YOU SEEK RELIEF UNDER THIS NEW POLICY.