To make sure you don't get scammed by an illegitimate practitioner with regard to the Obama Administration's new immigration law - which some are calling a form of Amnesty - you will definitely want to read this entire article to gain a full appreciation of what you need to do to benefit from this new policy shift.
On June 15, 2012, President Obama announced a new type of immigration benefit which will benefit a significant sector of young individuals now living in the U.S. without legal immigration status. This new immigration policy which is being called Deferred Action for Childhood Arrivals is expected to affect hundreds of thousands, if not millions of foreign nationals present in the United States without legal status.
While this new policy grants important immigration benefits, it is not an immigration law because it has not been passed by the U.S. Congress or other legislative body. Additionally, it does not confer lawful status to individuals who are out of status in the U.S. Rather, as a result of deferred action, the U.S. government has made a decision not to exercise its right to remove or deport a certain group of individuals from the United States given its limited resources and it has decided to concentrate such resources on such unsavory individuals who have committed crimes and the like.
An individual who qualifies for deferred action will benefit from not be removed or deported from the U.S., at least while his or her deferred action is in effect. Additionally, an individual granted deferred action may apply to work in the United States. In order to obtain employment authorization, the individual will have to show that he or she has an economic necessity for employment. Finally, while an individual granted deferred action will not be considered to be accruing unlawful presence in the U.S. while deferred action is in effect. Deferred action will be issued and valid in increments of 2 years. At the expiration of two years, the grant of deferred action may be renewed.
The United States Citizenship and Immigration Services (USCIS) has recently announced that you may request consideration of deferred action for childhood arrivals if you:
1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. 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;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. 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
7. 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.
Individuals may begin to request consideration of deferred action for childhood arrivals on August 15, 2012. If you file early, your request will be rejected. Frequently Asked Questions
The new process is open only to those who satisfy the guidelines. As such, immediate relatives, including dependents of individuals whose cases are deferred pursuant to the consideration of deferred action for childhood arrivals process, may not be considered for deferred action as part of this process unless they independently satisfy the guidelines.
Similarly, USCIS announced if you are in removal proceedings, have a final removal order, or have a voluntary departure order, and are not in immigration detention, you can request consideration of deferred action for childhood arrivals even if you are under the age of 15 at the time of filing and meet the other guidelines.
You may request consideration of deferred action for childhood arrivals starting on August 15, 2012. To do so, you will need to file your request for consideration of deferred action to USCIS through a form, along with the standard form requesting an employment authorization document. The total fees have been set at $465. Any applications received before August 15, 2012, will be rejected by USCIS.
Also, USCIS has announced it will conduct background checks when reviewing these requests for consideration of deferred action for childhood arrival including biographic and biometric information provided by the individuals to ensure good moral character.
In terms of the documentation you will need to supply along with your application, consider the following:
Such documentary proof as: financial records, medical records, school records, employment records, and military record will be necessary to establish that you came to the United States before the age of 16, that you have resided in the United States for at least five years immediately preceding June 15, 2012, and that you were physically present in the United States as of June 15, 2012.
Evidence to prove that you are currently in school, have graduated from high school, or have obtained a GED certificate may include, but is not limited to: diplomas, GED certificates, report cards, and school transcripts.
This article supplies information about the law and legal processes designed to help readers deal with their own specific legal needs. However, legal information is not the same as legal advice, to wit, the application of the law to one's particular circumstances. While the author has taken care to make sure the information provided is accurate and useful, it is recommended you consult a lawyer if you need legal advice appropriate to your particular situation.
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