Dream Act Information
Dream Act Information | Who is eligible to receive deferred action under the Department’s new directive?
Pursuant to the Secretary’s June 15, 2012 memorandum, to be eligible for the dream act, individuals must:
- Have come to the United States under the age of 16;
- Continuously resided in the United States for at least five years preceding June 15, 2012 and are present in the United States on June 15, 2012;
- Either currently be in school, graduated from high school, obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
- Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
- Not be above the age of 30.
Individuals must also complete a background check, and for those individuals who make a request to USCIS and are not subject to a final order of removal, must be 15 or older.
Dream Act Information | What is deferred action?
Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an alien granted deferred action will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect; deferred action does not absolve individuals of any previous or subsequent periods of unlawful presence.
Under existing regulations, an individual who has been granted deferred action is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.
Dream Act Information | Does this policy apply to those subject to a final order of removal?
Yes. An individual subject to a final order of removal who can demonstrate that he or she meets the eligibility criteria can request a review of his or her case and receive deferred action for a period of two years, subject to renewal. All cases will be considered on an individualized basis.
This process is not yet in effect and requests should not be submitted at this time. In the coming weeks, USCIS will outline and announce the procedures by which individuals can engage in this process. Beginning June 18, individuals may call the USCIS hotline at 1-800-375-5283, from 8 a.m. to 8 p.m., with questions or to request more information on the new process. The hotline offers assistance in English and Spanish. Individuals seeking more information on the new process should visit USCIS’s website at http://www.uscis.gov.
If you require any further Dream Act information, please call our New Jersey immigration attorney Susan Scheer today.