The June 15, 2012 announcement by Department of Homeland Security (the department that houses U.S. Citizenship & Immigration Services) to allow some young undocumented folks to apply for deferred action and 2 year work permits is welcome news.
But be careful.
It is important that you follow the process in applying for deferred action — and that process has not been announced yet by the U.S. Citizenship & Immigration Service. If you are in removal proceedings or have a final removal order, you should contact an experienced immigration attorney immediately.
If you submit now to USCIS, your deferred application will be rejected. The Department of Homeland Security’s directive gives USCIS 60 days to create a process to accept these requests and they are unable to accept requests at this time. Please continue to check back with us for ubdates.
In fact, U.S. Citizenship and Immigration Services (USCIS) alerts eligible individuals NOT to submit a deferred action request under the Deferred Action Process for Young People memorandum until the process is determined and announced. Premature requests for relief will be denied.
On June 15, 2012 the Department of Homeland Security formally announced that it will offer deferred action to “DREAMers.” For all the promising undocumented youth who call America home this represents the opportunity to come out of the shadows and fully embrace the only country they know.
We embrace this bold action provide relief and enable these young people to actively contribute to our society and economy.
Eligible individuals must:
- Be 15-30 years old, and have entered before age 16
- Have been present in the U.S. for 5 years as of June 15, 2012
- Have maintained continuous residence
- Have not been convicted of a felony, a significant misdemeanor or multiple minor misdemeanors
- Be currently in school, graduated or have a GED, or is an honorably discharged veteran
- The deferred action offer will be available to those in proceedings, as well as to those who apply affirmatively.
ALERT: DREAMers NOT currently in proceedings should not apply affirmatively for Deferred Action at this time. Individuals who are about to be removed and who believe they can demonstrate that they satisfy the eligibility criteria should immediately contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, 7 days a week) or the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9am – 5pm, Monday – Friday) or by e-mail atEROPublicAdvocate@ice.dhs.govEROPublicAdvocate@ice.dhs.gov.
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Richard Herman is a nationally-known immigration attorney with 20+ years of experience representing families and businesses in all aspects of immigration law. Richard was voted for inclusion in the 2015 edition of The Best Lawyers in America© and listed in Super Lawyers© for ten consecutive years, Richard is the founder of the Herman Legal Group, an immigration law firm serving clients in over 12 languages from offices in Cleveland, Columbus and Detroit, whose attorneys have represented diverse clientele, from Fortune 500 companies to undocumented workers, from technology entrepreneurs to NFL teams. He is the co-author of the acclaimed book, Immigrant, Inc. ---Why Immigrant Entrepreneurs Are Driving the New Economy (John Wiley & Sons, 2009). Richard has appeared FOX News (The O’Reilly Factor), ABC News 20/20, National Public Radio, and has appeared in the New York Times, USA Today, BusinessWeek, Forbes, Inc., PC World, Computerworld, CIO, TechCrunch and InformationWeek.