On June 15, 2012, the Secretary of Homeland Security, Janet Napolitano, announced that, effective immediately, those who were brought to the U.S. as young children and who meet certain eligibility requirements, will be considered for “deferred action” (relief from removal or from being put in to removal proceedings). They will be eligible to receive deferred action for a period of 2 years, which could be renewed, and would be eligible for work authorization.
Secretary Napolitano noted that while immigration laws must be enforced, those laws are really not “designed to remove [deport] productive young people to countries where they may not have lived or even speak the language.”
In order to be eligible for deferred action and work authorization, the applicant must meet the following requirements:
- Came to the U.S. when under the age of 16;
- Resided continuously in the U.S. for at least 5 years before June 15, 2012, and are physically present in the U.S. on June 15, 2012;
- They are currently enrolled in school, graduated from high school, obtained a General Education Development certificate (GED), or are honorably discharged veterans of the Coast Guard or Armed Forces of the U.S.;
- Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and
- Are between the ages of 15 and 30 (not over the age of 30).
The Memo/directive notes that proof of eligibility can only be through “verifiable documentation”. Individuals who are not currently in the U.S. may not be eligible. Therefore, if a “child” arrives in the U.S. tomorrow, they would not qualify under this program, as they were not in the U.S. on June 15, 2012. However, if a person who meets the above eligibility requirements was already ordered removed, but is still in the U.S., their case could possibly be reopened and they could receive deferred action and work authorization
Of course, there are “no guarantees” that any individual will be granted deferred action and/or work authorization, as deferred action requests would be decided on a case-by-case basis.
If you (or any of your children) meet the above eligibility requirements, I would definitely advise that you seek the assistance of a reputable attorney, who could evaluate your case and help process you for deferred action and work authorization. While this program does not result in a green card at the present time, it still gives young people “breathing space” and work authorization in 2 year increments. And it is definitely something worth considering, if you are eligible.
Michael J. Gurfinkel is licensed, and an active member of the State Bars of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein (including testimonials, “Success Stories”, endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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