On June 15, 2012, President Obama announced his Dream Deferred Action program which will allow certain young people or “DREAMers” to stay in the US and allow them the ability to obtain a two (2) year work permit. This action by the Department of Homeland Security stops the unjust deportation of promising youth.To be eligible for deferred action, individuals must:

  • Have been under the age of 31 as of June 15, 2012;
  • Came to the U.S. before reaching his/her 16th birthday;
  • Have continuously resided in the U.S. since June 15, 2007, up to the present time;
  • Were physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
  • Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
  • Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
  • Have not been convicted of a felony, a “significant misdemeanors” three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety;

If you think you meet the criteria, call the Dallas DREAM Deferred Action Attorneys at Mwaniki London, PLLC.

DEFERRED ACTION FREQUENTLY ASKED QUESTIONS (FAQs)

What is deferred action?
What is deferred action for childhood arrivals?
If my removal is deferred pursuant to the consideration of deferred action for childhood arrivals process, am I eligible for employment authorization?
Does this process apply to me if I am currently in removal proceedings, have a final removal order, or have a voluntary departure order?
Do I accrue unlawful presence if I have a pending request for consideration of deferred action for childhood arrivals?
If my case is deferred, am I in lawful status for the period of deferral?
Does deferred action provide me with a path to permanent residence status or citizenship?
Will my immediate relatives or dependents be considered for deferred action for childhood arrivals?
Can I be considered for deferred action even if I do not meet the guidelines to be considered for deferred action for childhood arrivals?
Will the information I share in my request for consideration of deferred action for childhood arrivals be used for immigration enforcement purposes?
Does this Administration remain committed to comprehensive immigration reform?
Is passage of the DREAM Act still necessary in light of the new process?
How old must I be in order to be considered for deferred action under this process?
Does “currently in school” refer to the date on which the request for consideration of deferred action is filed?
Do brief departures from the United States interrupt the continuous residence requirement?
May I travel outside of the United States before USCIS has determined whether to defer action in my case?
If my case is deferred pursuant to the consideration of deferred action for childhood arrivals process, will I be able to travel outside of the United States?
If I have a conviction for a felony offense, a significant misdemeanor offense, or multiple misdemeanors, can I receive an exercise of prosecutorial discretion under this new process?
What offenses qualify as a felony?
What offenses constitute a significant misdemeanor?
What offenses constitute a non-significant misdemeanor?
If I have a minor traffic offense, such as driving without a license, will it be considered a non-significant misdemeanor that counts towards the “three or more non-significant misdemeanors” making me unable to receive consideration for an exercise of prosecutorial discretion under this new process?
Will offenses criminalized as felonies or misdemeanors by state immigration laws be considered felonies or misdemeanors for purpose of this process?
Will DHS consider my expunged or juvenile conviction as an offense making me unable to receive an exercise of prosecutorial discretion?
What qualifies as a national security or public safety threat?
Can I request consideration of deferred action for childhood arrivals under this process if I am currently in a nonimmigrant status (e.g. F-1, E-2, H-4) or have Temporary Protected Status (TPS)?
If I am not in removal proceedings but believe I meet the guidelines for an exercise of deferred action under this process, should I seek to place myself into removal proceedings through encounters with CBP or ICE?
How do I request consideration of deferred action for childhood arrivals?
Will USCIS conduct a background check when reviewing my request for consideration of deferred action for childhood arrivals?
What do background checks involve?
If USCIS does not exercise deferred action in my case, will I be placed in removal proceedings?
Can I obtain a fee waiver or fee exemption for this process?
Will there be supervisory review of decisions by USCIS under this process?
Can I appeal USCIS’s determination?
Can I extend the period of deferred action in my case?
If my period of deferred action is extended, will I need to re-apply for an extension of my employment authorization?
Will USCIS personnel responsible for reviewing requests for an exercise of prosecutorial discretion under this process receive special training?
What documentation may be sufficient to demonstrate that I came to the United States before the age of 16?
What documentation may be sufficient to demonstrate that I have resided in the United States for a least five years preceding June 15, 2012?
What documentation may be sufficient to demonstrate that I was physically present in the United States as of June 15, 2012?
What documentation may be sufficient to demonstrate that I am currently in school, have graduated from high school, or have obtained a general education development certificate (GED)?
What documentation may be sufficient to demonstrate that I am an honorably discharged veteran of the Coast Guard or Armed Forces of the United States?
May I file affidavits as proof that I meet the guidelines for consideration of deferred action for childhood arrivals?
Will USCIS consider circumstantial evidence that I have met certain guidelines?
Will I be considered to be in unlawful status if I had an application for asylum or cancellation of removal pending before either USCIS or the Executive Office for Immigration Review (EOIR) on June 15, 2012?
Can I request consideration of deferred action for childhood arrivals from USCIS if I am in immigration detention under the custody of ICE?
If I am about to be removed by ICE and believe that I meet the guidelines for consideration of deferred action for childhood arrivals, what steps should I take to seek review of your case before removal?
If individuals meet the guidelines for consideration of deferred action for childhood arrivals and are encountered by Customs and Border Protection (CBP) or ICE, will they be placed into removal proceedings?
If I accepted an offer of administrative closure under the case-by-case review process or my case was terminated as part of the case-by-case review process, can I be considered for deferred action under this process?
If I declined an offer of administrative closure under the case-by-case review process, can I be considered for deferred action under this process?
If my case was reviewed as part of the case-by-case review process but I was not offered administrative closure, can I be considered for deferred action under this process?
How will ICE and USCIS handle cases involving individuals who do not satisfy the guidelines of this process but believe they may warrant an exercise of prosecutorial discretion under the June 2011 Prosecutorial Discretion Memoranda?
What should I do if I meet the guidelines of this process and have been issued an ICE detainer following an arrest by a state or local law enforcement officer?

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