As most people are aware, on June 15, 2012, Homeland Security Secretary Janet Napolitano announced that “effective immediately,” certain young people would be eligible for “Deferred Action” (relief from removal), provided they meet certain eligibility requirements:
Be between the ages of 15 and 30, and entered the US before their 16th birthday.
Were physically present in the US on June 15, 2012;
Resided continuously in the US for at least 5 years before June 15, 2012;
Have not been convicted of a felony, a significant misdemeanor, or multiple minor misdemeanors, or otherwise pose a threat to public safety or national security; and be currently enrolled in school, graduated from high school, have GED, or an honorably discharged veteran.
This relief would be available to people who are currently in removal proceedings; have a final order of deportation/removal against them; or have never been in removal/deportation proceedings. Deferred Action would be granted for two years, subject to renewal, and the person would also be eligible for work authorization.
Although this program is “effective immediately,” DHS was given 60 days to come up with the process, procedure, and guidance for people wanting to apply for Deferred Action. Therefore, unless a person is presently in removal proceeding, they need to wait for DHS’s guidance and guidelines before they can apply.
However, in the meantime, there are important things that potential “Dreamers” can already do: start gathering documentation establishing your eligibility for deferred action!
According to DHS, “Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action”. DHS further notes that any individual who “knowingly makes a misrepresentation to USCIS or ICE, or knowingly fails to disclose facts to USCIS or ICE, in an effort to receive deferred action or work authorization in this new process will be treated as an immigration enforcement priority to the fullest extent permitted by law, subjecting the individual to criminal prosecution and/or removal from the United States.”
In other words, if you commit fraud or submit fake documentation, not only will your deferred action request be denied, but you will be considered a top “priority” to be deported/removed.
As noted above, in order to be eligible for deferred action, people have to prove and document that they came to the US before the age of 16. What documents do you have to prove this? Similarly, you would need to prove that you have lived in the US for at least 5 years before June 15, 2012. What documents do you have, showing that you have been in the US since at least June 2007? What documents do you have to show that you were in the US on June 15, 2012?
DHS notes that some of the documentation that you could gather and provide to establish eligibility include: “financial records, medical records, school records, employment records, and military records.”
Another requirement for deferred action is to demonstrate that you are currently in school, graduated from high school, or obtained a GED certificate. Again, DHS notes that the type of documentation you can gather includes “diplomas, GED certificates, report cards, and school transcripts.”
In connection with being an honorably discharged veteran of the Coast Guard or Armed Forces of the US, such documentation could include, “report of separation forms, military personnel records, and military health records.”
Requesting for records, especially certified ones, may be a long, tedious process. You should be gathering these documents now, while they are still “fresh” and available. You don’t want time to go by, and you move, records are archived or destroyed, or the like. Remember, you have to provide “verifiable documentations,” and while we’re still waiting for DHS’s filing guidance, you should already start gathering these documents.
Once the guidance does come out and although you may have your documents, I would still strongly suggest that you seek the assistance of a reputable attorney, who could further help you gather the necessary documents or evaluate the obtained records and properly package and present your deferred action request. Your attorney may also be able to determine if you have other options or immigration benefits available to you.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar 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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