ON JUNE 15, 2012, President Obama announced that his administration through the Department of Homeland Security (DHS) will grant deferred action for undocumented youth that meet strict eligibility requirements. Deferred action is meant to address the immigration concerns of certain young people who were brought to the United States as children without any fault on their own and find themselves undocumented or currently out of status. These young people are likely to have been raised and studied here in the US practically their entire lives. It is therefore not advisable or practical to remove these undocumented productive youth and return them to a country where they have not lived or possibly not know the language.
Through deferred action, these young people will not be placed in removal proceedings or will receive relief from removal from the US. This is a discretionary action on the part of the executive to defer (or put off/postpone) removal proceedings against certain qualified young people currently present in the US.
In connection with this presidential announcement, Secretary Napolitano of DHS on the same day as the presidential announcement stated that the United States Citizenship and Immigration Service (USCIS) and Immigration and Customs Enforcement (ICE) will begin the implementation of the application process within the next sixty (60) days. In order to be eligible for deferred action, that undocumented youth or individuals must:
1. Have arrived in the US when they were under the age of sixteen;
2. Have continuously resided in the US for at least five years prior to June 15, 2012 and have been present in the US on June 15, 2012;
3. Currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the US Coast Guard or the US Armed Forces;
4. Not have been convicted of a felony offense, a “significant misdemeanor offense,” three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and
5. Have been under thirty-one years old on June 15, 2012.
If the applicant can demonstrate he meets the requirements as listed above, he will be granted deferred action for two (2) years, which is renewable. While it does not grant lawful status to the individual like citizenship or permanent residency status, he can nonetheless apply for employment authorization during the deferred period provided economic necessity for employment is shown.
Since the DREAM ACT (Development, Relief, and Education for Alien Minors) has not been enacted into law, this deferred action offer a temporary relief to certain qualified young people in the country and is a step to the right direction.
If you are contemplating of filing deferred action or any other immigration petition, it is advisable to seek the counsel of an immigration lawyer to guide you on the intricacies of filing for such a petition.
* * *
Atty. Gwendolyn Malaya-Santos is a member of the State Bar of California and the Integrated Bar of the Philippines. To schedule for a free initial consultation, please call Tel. Nos. (213) 386-5651 (Los Angeles office) or (626) 329-8215. Attorney Santos’ offices are located at 3540 Wilshire Blvd., Suite 1012, Los Angeles, CA 90010 and Riverside Turner Riverwalk, 11801 Pierce Street, 2nd Floor, Riverside, CA 92505.
* * *
Information contained in this article does not, nor is it intended to, constitute legal advice for any specific situation and does not create a lawyer-client relationship. It likewise does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy code.
