Tuesday, July 31, 2012

Immigration relief for "Dreamers"

I am sure many of you have heard about the Dream Act in the news recently.  The Development, Relief and Education for Alien Minors Act, also known as the “DREAM Act,” is an Immigration Bill which was introduced in Congress in 2001, 2005, 2007 and 2009, but never made it to passage.  The bill, in its various forms, was aimed at providing immigrant children who graduated from United States High Schools, a path to legalization. 

Most recently, on June 15, 2012, Secretary Napolitano issued a memorandum announcing 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. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.  While this is not as comprehensive as the prior Dream Act bills, it is a start!  As it stands right now, this is not a path to legalization, but rather provides protection from removal and work authorization. 

According to the Department of Homeland Security, individuals who meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis:
  1. Came to the United States under the age of sixteen;
  2. Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
  3. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
  4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
  5. Are not above the age of thirty.
Applicants will be required to provide verifiable documentation that they meet this criteria.  It is estimated that an application process will be ready by August 15, 2012.  Check out this website for more details on each of the five criteria:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD

If you believe you may be eligible for this, seek legal advice!

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