Deferred Action for “DREAMers”

Although the DREAM Act has not passed, on August 15, 2012, USCIS will begin allowing “DREAMers” to apply for Deferred Action and Employment Authorization.

Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual.  In addition, although an individual whose case is deferred will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not excuse individuals of any previous or subsequent periods of unlawful presence.  The Department of Homeland Security can terminate or renew deferred action at any time at the agency’s discretion.

“DREAMers” must meet the following requirements to apply for Deferred Action:

1. Were under the age of 31 as of June 15, 2012;

2. Came to the United States before reaching your 16th birthday;

3. Have continuously resided in the United States since June 15, 2007, up to the present time;

4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

If you, or someone you know, is a “DREAMer” please contact our office today to schedule a consultation with our DREAM Act attorneys in Houston, Texas.