June 28, 2012

Further Information on the New Immigration Policy


Those are eligible for deferred action includes men and women who have been honorably discharged from the Coast Guard or Armed Forces.  It is important to note that an individual under the age of 31, who has been honorably discharged from the Coast Guard or Armed Forces, would also be eligible for naturalization, and not in need of deferred action.

An individual who has been convicted of a felony, significant misdemeanor, or three or more misdemeanors does not qualify for deferred action.  The Department of Homeland Security has not yet announced whether or not juvenile adjudications will be considered criminal convictions under deferred action.  One will also be denied deferred action if he/she appears to be a threat to national security or public safety; this includes gang and other criminal participation.

Since USCIS has not yet created a process for deferred action, we are still unsure of what will happen to those who were denied deferred action.  Applicants should be warned that by applying for deferred action, they are essentially documenting their removability to a government agency.   If a person is denied deferred action, this can ultimately start removal proceedings.

Other helpful facts:

Those who are under 15 years of age, but otherwise meet all of the requirements, may apply for deferred action once they are 15 years old.   

One who is denied deferred action may not appeal their case.  Instead they must call or email the ICE Office of the Public Advocate at 1-888-351-4024 or EROPublicAdvocate@ice.dhs.gov.

http://www.legalactioncenter.org/sites/default/files/dreamers_practice_advisory_6_28_12.pdf

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