Illegal residents who came here as children now have less to worry about.
On June 15th the Department of Homeland Security (DHS) announced that President Obama and his administration would temporarily halt the deportations of young people who entered the U.S. from other countries with their parents, provided they fulfill certain requirements.
Obama has directed the DHS to release the applications for Deferred Action on July 15th. This “deferred action” is just a fancy way of saying a discreet prosecution, where the government will look at each applicant case-by-case to determine their eligibility for a legal two year stay. It is important for everyone to know that the deferred action is not the same thing as the Dream Act and is not equal to U.S. citizenship or residency. The Dream Act is a six-year “conditional” residency and allows you to qualify for student loans, federal aid and/or work study programs. Thus, applications are now being accepted for Deferred Action for Childhood Arrivals.
This deferred action is intended for high school students and those who are attending/will attend any form or college; community college, university, etc. Whoever applies and is eligible will be delaying the removal processes from the United States. After which they can receive a work permit for two years; even though the action only lasts for the two- year period it may be renewed for another two years. However, it can also be terminated by the DHS.
There are a few requirements in order to be accepted, the following were presented according to the US Citizenship and Immigration Services (USCIS) website:
- You must have arrived to the U.S. before your 16th birthday.
- You have resided in the U.S. since June 15, 2007 up until present time.
- You were under the age of 31 as of June 15 of this year.
- You entered the U.S. without inspection before June 15, 2012; or your lawful immigration status expired on June 15, 2012
- You are enrolled in school, have graduated and received you certificate of completion from high school (diploma), earned your GED, or are an honorably discharged veteran of the Coast Guard or Army Forces of the U.S.
- You have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and do not otherwise post a threat.
- You were present in the U.S. on June 15th and on the day you requested consideration of deferred action with USCIS.
There are three forms which are ESSENTIAL for the USCIS to consider you for deferred action (fill them out in BLACK ink only!) which are:
- Form I-821D
- Form I-765, Application for Employment Authorization
- Form I-765WS, Worksheet
These forms need to be completed and signed or else the USCIS will not accept them. They also need to be accompanied by the correct documentation which proves that you meet the guidelines. Some acceptable documents are:
- Proof of identity.
- Proof you came to the U.S. before your 16th birthday.
- Proof of immigration status.
- Proof of presence in the U.S. on June 15th and continuous residence in the U.S. since June 15, 2007.
- Proof of current student status.
- And/or proof of honorable military discharge.
Now there are some fees that need to be paid alongside all the forms and documentation. These include a $380 fee for I-765 and a biometric service (finger prints) fee of $85, you will need to pay a total of $465 at the same time you file your application. According to avvo.com there are fee exemptions for:
- Those who are under 18, homeless, in foster care, or under 18 and lacking parental or familial support and your income is less than 150% of the U.S. poverty level.
- Those who have a serious, chronic disability that prevents you from caring for yourself and your income is less than 150% of the U.S. poverty level.
Once you have everything completed, signed and ready you mail it all to USCIS. They should send you a recite notice via mail or email on the arrival of your application after they go thru it all to make sure it is complete. They will make an appointment for you to go get you fingerprints taken at your local USCIS Application Support Center. This is very important, make sure you go!
You can check the status of your request and more detailed information at uscis.gov