Helpful Information About the Dream Act
If you are seeking citizenship in the United States, you may have questions about the Dream Act. Here are some of the most commonly asked questions from our clients.
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.
Why is the Dream Act Only Granted for 2 Years?
Grants of deferred action will be issued in increments of two years. At the expiration of the two-year period, the grant of deferred action can be renewed, pending a review of the individual case.
What Should I Do if I am to be Removed by ICE?
Individuals who believe they can demonstrate that they satisfy the eligibility criteria and are about to be removed immediately should contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, seven days a week) or the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5 p.m., Monday – Friday) or by e-mail at EROPublicAdvocate@ice.dhs.gov.
Will I Be Subject to Background Tests?
Yes. All individuals will undergo biographic and biometric background checks prior to receiving an exercise of prosecutorial discretion. Individuals who have been convicted of any felony, a significant misdemeanor offense, three or more misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, or otherwise pose a threat to national security or public safety are not eligible to be considered for deferred action under the new process.
If you or a loved one is seeking citizenship and has any questions about the Dream Act, please contact our office today to schedule an appointment with our experienced New Jersey immigration lawyers.