On 15th August 2012, the United States Department of Homeland Security came up with a program known as deferred action for dreamers, which offers deferral actions for undocumented but qualified immigrants. This action does not grant lawful status to an individual, but is does halt the accumulation of illegal presence for the entire duration of the period of deferral.
Immigrants who get qualification can receive the program for a period lasting two years. Any person who gets an approval of the action cannot be deported to from the United States or singled out for removal as long as the deferral period lasts. Immigrants who have already gotten their final removal notice or are in the process of undergoing removal proceedings can make an application for the deferral program, as well as the ones who have never undergone the proceedings of removal.
In this program, perhaps the biggest benefit of the deferred policy is that individuals who are granted it are free to apply for employment authorization from USCIS. This allows them the eligibility to other benefits such as applying for an ID card or a driving license. In addition, they can also make an application for advance parole, which is done through completion of Form I-131 and payment of the application fee.
Individuals must satisfy a number of requirements and eligibility criteria if they wish to apply for deferred action. They include being 31 years old or below as of 15th June 2012 and having arrived to the US before reaching their 16th birthday. The individual must have resided in the United States continuously since 15th June 2007 until the present time, and was present physically in the country on June 15 2012 and when they were applying to USCIS.
Other requirements is that the immigrant must be in school currently, has graduated or is in possession of a certificate showing that they have completed high school, has a GED or is a veteran of the united states Coast Guard or the Armed Forces who was discharged honorably. A vital requirement is that the applicant should not have convictions of a significant misdemeanor, at least three more misdemeanors, or a felon, thus not capable of posing a threat to national security or public safety.
Each applicant for this program is considered in terms of case-by-case. However, it is possible for the application not to be granted should the applicant be found to have a criminal record, with the exception of certain special circumstances. Immigrants should bear in mind that all the applications will go through a thorough background check before approval.
While homeland security and USCIS have said that they will not be providing information and names routinely to CBP or ICE, they are capable of and will provide information for the sake of public safety and national security. In case someone has any doubts, prior to filing an application they are advised to seek legal advice from an immigration lawyer to have their case evaluated.
An application for deferred action for dreamers can still be denied even if the applicant adheres to all the criteria and requirements. Whats more, appealing a denied application is not possible.
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