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DACA

The Obama Administration announces Deferred Action and work permit for Dreamers. The Obama Administration has announced that it will offer deferred action for undocumented youth who came to the United States as children, so that they can complete their education, continue their military service, or begin their careers.

Please note that Deferred Action does not constitute permanent legal status or citizenship. Deferred Action will be granted on a case-by-case basis, and if granted, the applicant will then be entitled to request an employment authorization document that will authorize the 2-year employment and may be renewed thereafter.

Eligibility

Eligible individual must:

  • Be 15-30 years of age and have entered the U.S. before the age of 16
  • Have been present in the U.S. for 5 years beginning June 15, 2012
  • Having maintained continuous residence
  • Eligibility
  • from Eligible individuals must:
  • Not have been convicted of a felony, significant misdemeanor, or multiple misdemeanors
  • Currently in school, have graduated or have a GED, or be an honorably licensed veteran

Deferred action will be available to those in legal proceedings, as well as to those that affirmatively apply.

Age requirements

If the applicant is currently only 14 years old this does not permanently disqualify this benefit. It only means that the person will have to wait to submit their application when they turn 15. The age limit is 30, so if you were 30 or younger as of June 15, 2012, you will qualify.

Crimes

If you have been convicted of a serious crime, then you are not eligible for this benefit. The Department of Homeland Security (DHS) has confirmed that a DUI violation can be considered a “serious misdemeanor” in regards to this application.

The Implementation:

DHS is not receiving requests at this time.

During a conference organized by DHS regarding the Dreamers notice on June 15, 2012, DHS representatives confirmed that affirmative requests for deferred action and / or work permits are not being accepted at this time, and all applications will be denied. requests received.

Decision and Work Permit

Each request for deferred action will be reviewed and granted on a case-by-case basis, and only if granted will the applicant have the right to request an employment authorization document with a validity period of 2 years that can be subsequently renewed.

Common Questions:

Is my family at risk if I apply for this benefit?

When this question was presented to DHS representatives, it indicates that DHS does not intend to investigate the applicant’s family members just because an application was filed.

What will happen if my application is denied?

This will depend on the reason for the denial. If the application is denied, for example, because the applicant has a criminal record, then that person will likely be placed in deportation proceedings.

So please review your criminal history with an attorney before submitting your application.

DHS also announced that an appeal process will not be available for these applications. Therefore, once an application is rejected, the decision will be final.

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