(Part 1)
All of us are hopeful that, in the upcoming year, Congress will pass some form of comprehensive immigration reform (CIR) that could eventually lead to legalization and citizenship for the millions of undocumented people in the US. However, I must emphasize that, at the present time, there is no immigration reform, so there is no “amnesty” for you to apply for now.
However, there are several other forms of immigration relief and benefits that are available now, and perhaps you (or your children) could be eligible. Briefly, here are some of the now – existing benefits available, while waiting for CIR:
Deferred Action for Childhood Arrivals (DACA)
This immigration benefit provides relief to certain people who came to the US at a young age. It provides relief from deportation/removal, work authorization, and the ability to obtain a driver’s license, SS number, etc. The basic requirements are:
• You (or your child) were under the age of 31 as of June 15, 2012;
• Came to the United States before reaching your 16th birthday;
• Have continuously resided in the United States since June 15, 2007, up to the present time;
• 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;
• Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
• 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
• 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
Prosecutorial Discretion (PD)
This form of “discretionary” relief could be available for people who may be subject to removal/deportation, but do not pose that great of a risk or threat to society. Therefore, it is not worth the government’s time, effort, and resources to pursue removal. In such cases, the government may decide not to pursue removal proceedings, or, if the person is already in removal proceedings, the government may agree to drop or terminate those proceedings.
By way of example or hypothetical, suppose a policeman sees a bank robber and a jaywalker. Who should the policeman pursue: the jaywalker or bank robber? Of course, the policeman should pursue the bank robber, because he poses a threat to society, whereas the jaywalker, although breaking the law, is not posing that big of a threat. The same is true in connection with people who are out of status: although they may be violating the immigration laws, their violations are not as great as convicted felons, terrorists, or the like, such that it is not worth the government’s effort to pursue removal proceedings against them.
In fact, our office has had several cases where a client was already in removal proceedings, and the government agreed to terminate those proceedings based on prosecutorial discretion. While PD will not lead to a green card, and is not “guaranteed,” at least the people can breathe a sigh of relief, that they are no longer in removal proceedings.
In a future article, I will discuss more forms of relief that are available now, even without CIR.
If you believe that either you, or your friends or family members, could benefit from these forms of relief, you should seek the advice of an attorney, who can evaluate your situation, and determine whether you are eligible or not, and then help you prepare and package your case.
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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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