what dreamers need to know! deferred action for certain undocumented immigrant youth

What DREAMers Need to Know!

Deferred Action for Certain Undocumented

Immigrant Youth

Introductions

Not Legal Advice!

• The information in this session is general.

• We will not be able to address specific or personal questions in this session.

• Please talk to an immigration attorney about personal concerns.

© 2012 The Advocates for Human Rights

DO NOT APPLY YET!

•You cannot apply for deferred action at this time (unless you are in removal proceedings).

•If you apply early, your application will be rejected.

•We expect the application process will begin in mid-August 2012.


BEWARE of immigration consultants sometimes known as “notarios.”

Before you pay anyone to file your papers, make sure they are licensed to practice law or accredited by the Board of Immigration Appeals.

WARNING!


What did the Deferred Action Announcement Say?

• The announcement explained how, in the exercise of prosecutorial discretion, DHS should enforce US immigration laws against certain young people who were brought to the US as children and know only this country as home.


Is this the DREAM Act?

No.

The DREAM Act is legislation that would provide a path to permanent residence status for certain young people who have grown up in the United States but are unable to work, join the military, or attain higher education because of our current immigration laws.


Why is this needed?

U.S. law provides no way for most undocumented people to gain lawful immigration status.


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.



• Deferred Action does not give anyone legal status, permanent resident (a green card) or a pathway to citizenship.



• Deferred Action can be terminated at any time and removal proceedings re-initiated.



• Deferred Action will stop a person from accruing “unlawful presence” during the period they have Deferred Action.



• Allows a person to apply for employment authorization.


Who is eligible for Deferred Action for DREAMers?

Certain young people who meet 4 criteria:

•Age

•Continuous presence

•Education

•Good moral character


Age Requirements:

• Came to the US under the age of 16

• Is not above the age of 30

• Are at least 15 years old (unless you are in removal proceedings)


Continuous Presence Requirements:

• Has continuously resided in the US for at least 5 years preceding June 15, 2012

• Was physically present in the US on June 15, 2012


Education Requirements:

• Is currently in school,

• Has graduated from high school,

• Has obtained a general education certificate (GED), or

• Is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.


Good Moral Character Requirements:

• Has not been convicted of a felony, “significant misdemeanor;” or multiple misdemeanors;

• Does not pose a threat to national security or public safety.


If you have any criminal or juvenile record, be sure to consult with a qualified attorney before applying.

WARNING!


Frequently Asked Questions


Will my family qualify for Deferred Action?

• Family members of DREAMers are not eligible unless they independently qualify.


What nationalities qualify for Deferred Action?

• There is NO nationality requirement. People from any country who otherwise meet the requirements for Deferred Action qualify.


What if I am undocumented but have never been caught by

Immigration?

• Wait! There is no way to apply at this time.

• The application process is expected to begin in mid-August.


What if I am in removal proceedings right now?

• ICE has been instructed to contact people who are in removal (deportation) proceedings – scheduled for a hearing in front of an immigration judge or on appeal to the Board of Immigration Appeals – to offer Deferred Action.


What if I was ordered removed but have not left the US?

• If you have a final order of removal but otherwise meet all of the Deferred Action requirements, you may still be eligible. Contact an attorney!


What if I have a criminal record?

• A “conviction” is a legal term. You may have a conviction even if you didn’t go to jail or didn’t have a jury trial. Find out before you file any papers with DHS!

• If DHS finds you ineligible due to criminal history, you may be subject to removal.

• Don’t count yourself out. See an immigration attorney before deciding what to do.


Collect Your Evidence!


• Birth certificate or passport, showing identity and age;• Financial records, medical records, school records,

employment records, showing continuous residence;• School records, including diplomas, GED certificates,

reprt cards, school transcripts, or other evidence of enrollment, showing education;

• Military records, such as report of separation, military personnel records, and military health records showing honorable discharge.

• Any documents you previously received from USCIS.

More Information

• www.energyofanation.org/deferred_action_for_dreamers.html

• The Advocates for Human Rights Client Line: 612-341-9845

• Immigrant Law Center of MN: 651-641-1011


what dreamers need to know! deferred action for certain undocumented immigrant youth

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