July 11, 2012

ADMINISTRATIVE DREAM ACT ANNOUNCED FOR YOUNG IMMIGRANTS On June 15, 2012 the Obama Administration announced a policy change in the enforcement of our immigration laws.  

Immigration to Begin Receiving Applications in August 2012

The President ordered the Department of Homeland Security (DHS) to stop deporting certain young immigrants who came to the United States as children and have since been pursuing educational opportunities.

Individuals who qualify under the new program will be placed in “deferred action” status and will be allowed to remain in the US and to apply for work authorization.

You cannot apply for deferred action status right now. Procedures for applying should be in place by August 14, 2012.

WHAT IS DEFERRED ACTION FOR IMMIGRANT YOUTH?

It is a decision by the government not to try to deport you for a certain period of time.  It is not a way to obtain your green card or US citizenship.

WHO IS ELIGIBLE TO APPLY?

YOU ARE ELIGIBLE TO APPLY IF:

• you entered the US before you were 16;
• you have lived in the US continuously since June 15, 2007;
• you are at least 15 years old but not more than 30;
• you were physically present in the US on June 15, 2012;
• you are in school, have graduated high school, have obtained your GED, or have been honorably discharged from the Coast Guard or Armed Forces of the US; and
• you do not have a conviction for a felony, a significant misdemeanor, three misdemeanors, or pose a threat to national security or public safety.

If you meet these requirements you can apply - even if you have been ordered deported.

WHAT WILL I NEED TO APPLY?

YOU WILL NEED DOCUMENTATION THAT PROVES YOU MEET THE ABOVE REQUIREMENTS.  EVIDENCE YOU SHOULD BE GATHERING INCLUDES, BUT IS NOT LIMITED TO:

• birth certificate and passport or other government issued picture ID;
• school records;
• military records;
• financial records;
• medical records;
• employment records;
• certificates of disposition if you have ever been in criminal court.

ARE THERE ANY RISKS IN APPLYING?

Yes. Make sure that you consult with an immigration attorney before you apply. If you apply for the program but do not qualify, you may be placed in removal proceedings. If DHS finds that you submitted a fraudulent application, you may be placed in removal proceedings.

IS THERE A DEADLINE FOR APPLYING?

No. There is no deadline to apply.

IS THERE A LIMIT ON HOW MANY PEOPLE CAN APPLY?

No. There is no limit on how many people can apply.

WHAT ARE THE BENEFITS?

Deferred action status lasts for two years, can be renewed, and allows you to apply for work authorization.

WHAT SHOULD I BE DOING NOW?

If you think you qualify you should consult an immigration attorney. Do not use a travel agency, “notario” or other entity that is not licensed to practice immigration law.

In New York, attorney registration and good standing can be verified by calling (212) 428-2800, or by going to www.nycourts.gov and clicking on “Attorneys” and then “Attorney Directory.”

If you think you qualify you should begin to collect the documents that you will need to apply.

KEEP IN MIND

We do not yet know if people with deferred action will be able to travel outside the US, get a driver’s license, or qualify to receive in-state tuition at colleges and universities.

As more information becomes available, we will make sure you are kept informed.

WHERE CAN I LEARN MORE?

You can learn more about the program at the DHS website: www.dhs.gov.

You can learn more about the program at the United States Citizenship and Immigration Services (USCIS) hotline:  (800) 375-5283 or website: www.uscis.gov

You can call the New York Immigration Hotline at (800) 566-7636.

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