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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.
The DREAM Act legislation has not passed and it is not law.
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.
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.
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.
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.
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).
The guidelines for Deferred Action are:
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.
No. Only individuals that meet all the requirements will be considered for deferred action.
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.
No. Deferred action is a prosecutorial discretionary determination that only defers your removal action. There is no lawful status with 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.
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.
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.
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.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified DREAM Act lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local DREAM Act attorney to discuss your specific legal situation.