How Deferred Action Can Impact Your Immigration Status in New Jersey
Immigration can be a long and complicated process for many people living in New Jersey. There are different paths to take when trying to stay in the United States, and some individuals may find themselves in difficult situations where they are unsure of what to do. One option that may be available to you is called deferred action. Deferred action is a temporary way to remain in the country even if you are not legally allowed to be here. However, it does not provide a permanent solution or legal status. It is important to understand how deferred action can affect your immigration status and what it might mean for your future. At, The Scheer Immigration Law Group , we are here to guide you through the legal process and help you navigate the complexities of your case.
What is Deferred Action?
Deferred action is a type of relief that the government can grant to certain individuals who are living in the United States without proper legal documentation. When you receive deferred action, it means the government is choosing not to deport you at this time. It is not a permanent solution, but it can provide a temporary way for you to stay in the country. Deferred action does not give you lawful status, but it does provide protection from being removed from the United States for a specific period, usually two years. During that time, you can also apply for work authorization, which allows you to legally work while you are here.
This form of relief is often used in situations where the person has strong ties to the community, or their removal from the United States would cause undue hardship. It is important to note that not everyone will qualify for deferred action. The government looks at several factors when deciding whether to grant deferred action, including your personal history, criminal record, and how long you have been living in the United States. Because it is a temporary form of relief, it is crucial to have a plan for what happens when your deferred action status ends.
Deferred Action for Childhood Arrivals (DACA)
One of the most well-known forms of deferred action is called Deferred Action for Childhood Arrivals, or DACA. DACA was introduced to protect certain individuals who were brought to the United States as children and have lived here for most of their lives. These individuals may not have legal status, but they often see the United States as their home. DACA allows them to stay in the country without the risk of being deported for a specific period and provides the opportunity to work legally.
To qualify for DACA, you must meet several requirements. You must have come to the United States before your sixteenth birthday, and you must have lived continuously in the country since June 15, 2007. Additionally, you must have been under thirty-one years old as of June 15, 2012, and you must be enrolled in school, have graduated, or be an honorably discharged veteran of the military. Finally, you must not have a significant criminal record. DACA recipients can renew their status every two years, but it does not provide a path to permanent residency or citizenship.
Attorney Susan W. Scheer attended Douglass College at Rutgers University and received her B.A. in 1974. She attended Georgetown University to get her M.A.T. in 1977 and went on to receive her J.D. from Georgetown as well in 1982. Susan is admitted to practice in New Jersey and before the United States Supreme Court.
Susan speaks Spanish, French, Hebrew, and Portuguese.
How Deferred Action Impacts Your Immigration Status
Deferred action provides temporary relief from deportation, but it does not change your immigration status. This means that even if you are granted deferred action, you do not become a lawful permanent resident, and you are not on a path to citizenship. However, deferred action can give you more time to figure out your next steps, whether that means applying for a more permanent form of relief or preparing for your departure from the United States.
One of the benefits of deferred action is that it allows you to apply for a work permit. This can make it easier to support yourself and your family while you are in the country. Having the ability to work legally can also make it easier to build a life in the United States, as it allows you to contribute to your community and establish a stable foundation.
While deferred action provides some security, it is important to remember that it is not a permanent solution. The government can decide to end deferred action at any time, and it may not be renewed in the future. Because of this, it is essential to understand that deferred action is a temporary measure and should be part of a larger immigration plan. If you are granted deferred action, you should speak with an immigration attorney to explore other options that may be available to you.
Potential Risks and Challenges
While deferred action can be a lifeline for many individuals, it is not without its risks and challenges. One of the main concerns is that deferred action does not provide legal status, which means you are still living in the country without lawful permission. This can make it difficult to travel, and you may be unable to visit family members outside of the United States. Additionally, if the government decides not to renew your deferred action, you could face deportation in the future.
Another challenge is that deferred action is discretionary, meaning it is up to the government to decide whether or not to grant it. There is no guarantee that your request for deferred action will be approved, even if you meet all the requirements. Furthermore, changes in immigration policies or leadership can affect whether deferred action is available in the future.
For individuals who receive deferred action through DACA, there is also the possibility that the program could end. DACA has faced legal challenges in the past, and while it continues to exist, its future remains uncertain. This uncertainty can be stressful for individuals who rely on DACA to stay in the country and work legally.
Other Forms of Relief
If you are granted deferred action, it is important to explore other forms of relief that may be available to you. Depending on your situation, you may qualify for other immigration benefits that provide a more permanent solution. For example, if you are married to a U.S. citizen or lawful permanent resident, you may be eligible for a green card. If you are facing persecution in your home country, you may qualify for asylum. There are also programs available for victims of crime, human trafficking, and domestic violence.
Each of these options comes with its own requirements and application process, so it is important to speak with an immigration attorney to determine the best path for your situation. An attorney can help you understand your options and guide you through the process of applying for more permanent relief.
How Deferred Action Can Affect Your Future
Deferred action can provide temporary relief and stability, but it is important to think about how it might affect your future. Because deferred action is not a permanent solution, you should use the time it provides to explore other options. This could mean applying for a different type of visa, seeking asylum, or pursuing a green card through a family member or employer.
Deferred action can also have an impact on your ability to travel outside of the United States. If you are granted deferred action, you may need to apply for special permission called advance parole before leaving the country. Without this permission, you may not be allowed to re-enter the United States. It is important to understand the restrictions that come with deferred action and plan accordingly.
Additionally, deferred action can impact your ability to apply for certain immigration benefits in the future. If you are granted deferred action, it does not mean that you are forgiven for being in the country without legal status. In some cases, you may still face penalties or be barred from applying for certain benefits. It is important to understand how deferred action fits into your overall immigration plan and to work with an attorney to explore other options.
Deferred action can provide important temporary relief for individuals facing the threat of deportation, but it is not a permanent solution. It is important to understand how deferred action can impact your immigration status and what steps you should take to plan for the future. Whether you are considering applying for deferred action or have already been granted this relief, it is essential to work with an experienced immigration lawyer to explore all of your options.
If you are facing immigration challenges or have questions about deferred action, The Scheer Immigration Law Group is here to help. Our team understands the complexities of immigration law and is committed to helping individuals and families find the best path forward. Contact us today to learn more about how we can assist you with your immigration needs and provide the guidance you need to move forward confidently.