What is the DREAM Act?

The Development, Relief, and Education for Alien Minors Act (DREAM Act) is an immigration reform bill trying to change and fix the broken immigration system. In turn, if passed, the DREAM Act will provide conditional residence, permanent residence, and eventually citizenship to those individuals who qualify under the Act’s requirements. 

Has the DREAM Act passed?

The DREAM Act legislation has not passed and it is not law.

Is the DREAM Act considered Amnesty?

The DREAM Act is a comprehensive immigration reform trying to fix the broken immigration system. Some argue the DREAM Act is considered Amnesty while others argue it is not. It is a constant debate.

What is Amnesty?

Amnesty serves as a pardon to illegal immigrants in the U.S. for breaking U.S. immigration law. Amnesty forgives illegal immigrants who broke immigration laws by granting them legal status to remain in the U.S.

Should I hire an attorney to help me file the necessary documents for the deferred action executive order by President Obama on June 15, 2012?

No, you do not HAVE to hire an attorney, however to avoid unforeseen risks and complications it is best that you speak with at least one attorney. Immigration laws are complex even if you think you may qualify for deferred action under Obama’s executive order, you may be putting yourself at risk.

How do I file for deferred action under President Obama’s June 15, 2012 executive order?

There still are no specific guidelines and you should not file anything with immigration until the complete rules come out, which should be by mid-August.

What is Deferred Action?

Deferred action is a discretionary determination by the prosecution to defer removal action of an individual. Individuals that receive deferred action will not be placed in removal proceedings or be removed from the U.S for a specific period of time (2 years).

What are the guidelines for deferred action?

The guidelines for Deferred Action are:

  • you were younger than the age of 31 as of June 15, 2012;
  • you were in the United States before your 16th birthday;
  • you have continuously resided in the U.S. since June 15, 2007;
  • you were physically present in the U.S. on June 15, 2012
  • you entered without inspection before June 15, 2012 or your lawful status expired as of June 15, 2012;
  • you are currently in school, graduated or received a certificate of completion from high school, obtained a general educational development certificate (GED), or you are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces;
  • you are at least 15 years of age at the time of filing;
  • you have not been convicted of a felony, significant misdemeanor, three or more misdemeanors, and does not pose a threat to national security or public safety.

What does DACA mean?

 Deferred Action for Childhood Arrivals (DACA) is a temporary program allowing young people who entered the United States as children to request deferral of removal from the country. As August 15, 2012, U.S. Citizenship and Immigration Services (USCIS) began receiving DACA applications. To be considered for DACA, an individual must have come to the U.S. before the age of 16, be continuously residing for 5 years in the U.S., be under the age of 31 as of June 15, 2012, be currently enrolled in a high school, graduated from high school, or obtained a GED certificate, or be honorably discharged veteran of the Coast Guard or U.S. Armed Forces, must not have been convicted of a felony offense, or misdemeanor or pose a threat to national security or public safety.

Can I apply for Deferred Action even though I don’t meet all the requirements?

No. Only individuals that meet all the requirements will be considered for deferred action.

If I receive Deferred Action, do my family members receive it as well?

No. Deferred Action is only for individuals who meet all the requirements. It is not conferred to immediate relatives nor to dependents of individuals whose cases are deferred.

Does Deferred Action mean I am a permanent resident?

No. Deferred action is a prosecutorial discretionary determination that only defers your removal action. There is no lawful status with deferred action.

Could I be deported if I file for Deferred Action?

If you file for deferred action, and your case is deferred, you will not be placed in removal proceedings nor will you be deported from the U.S. for a period of 2 years.

Can I apply to extend the period of deferred action from removal in my case?

Yes, you can apply for consideration of an extension for deferred action of that period.  You may also request an extension of the employment authorization.

How do I know if Deferred Action is right for me?

The process is open to individuals that meet the guidelines for consideration. It includes individuals who have never been in removal proceedings along with those that are in removal proceedings.

Is Deferred Action available only to those in removal proceedings?

No. Deferred action is available to individuals that have never been in removal proceedings as well as to those that are currently in removal proceedings.

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