Dream Act – Deferred Action
Every day for the past 21+ years that I have been obtaining fiancée and spousal visas for the foreign fiancées and spouses of American citizens, I have received at least one phone call from someone who either was brought to the U.S. illegally as a child and has since become an adult or from someone who entered the U.S. legally but has overstayed. In both cases they want to know how they can obtain work authorization and get relief from the fear of deportation without having to marry an American citizen. Up until now there has been no way to accomplish this.
On August 15, 2012, the Deferred Action part of the Dream Act took affect. Basically it allows an individual who qualifies, to obtain a two year work permit (Employment Authorization Form). The work permit allows them to obtain a social security card and in most states apply for a driver’s license.
A word of caution: NO APPEAL IF DENIED
If your request for Deferred Action is denied, you cannot file a motion to reopen or reconsider and cannot appeal the decision.
Because there is no appeal possible, in my opinion anyone who attempts to do this themselves is CRAZY. You only get one bite of this apple. Why would you risk loosing this opportunity by doing it yourself and not hiring an immigration attorney?
The USCIS has indicated that they expect there will be a very high percentage of Requests for Evidence (RFE) from the deferred action applications. Hiring an experienced immigration attorney will certainly reduce the risk of an RFE and the resulting significant delay in having your Deferred Action approved.
Also, one should NEVER attempt to reply to an RFE without the assistance of an immigration attorney. If your initial reply to an RFE is considered by the USCIS to be inadequate, you do not get a second chance. You receive a denial.
You may request consideration of Deferred Action if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the U.S. before your 16 th birthday;
- Have continuously resided in the U.S. since June 15, 2007;
- Were physically present in the U.S. on June 15, 2012;
- Are physically present in the U.S. when your application for Deferred Action is filed;
- Entered the U.S. without inspection before June 12, 2012 or your lawful immigration status expired before 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 U.S.; 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 safety.
If you believe you qualify for Deferred Action and are interested in hiring an experienced immigration to handle the process for you, please call us.
Our legal fee for this process is $995. In addition you will pay a filing fee of $380 and a biometrics fee of $85.