Dream Act, Deferred Action and Work Permits — Are you eligible for new immigration policy?

On June 15, 2012, President Obama announced a new immigration policy that would defer immigration proceedings for young persons between the ages of 15 and 30 provided they meet certain criteria. The requirements are similar to the proposed Dream Act that has not yet been approved by Congress. The requirements are:

• Must have entered the United States before the age of 16;
• Must have lived in the U.S. for at least five years (since June 15, 2007) and must be in the U.S. on June 15, 2012;
• Must either be in school now, have graduated high school, received a GED, or have been honorably discharged from the Coast Guard or Armed Forces of the U.S.;
• Must not have either a felony conviction, a significant misdemeanor conviction, multiple misdemeanor convictions, or be a threat to national security or public safety;
• Must be under the age of 31.

The Department of Homeland Security will establish the process to apply for this deferred action before August 15, 2012. Additionally, anyone who has a case currently pending before an immigration judge or has already been ordered removed can also get deferred action for a period of 2 years. Anyone who receives deferred action can reapply at the end of each two year period.

You must put your paperwork together to prove that you came to the U.S. before the age of 16. This can be proven by school records, medical records, employment records, financial records, and millitary records. Documents to prove education include current school records, high school diplomas or GED certificates, report cards, college diplomas, or school transcripts. Military records include millitary personnel records, military health records, or a DD214.

A significant misdemeanor is a federal, state, or local crime that involves violence, threats, assaults, domestic violence, sexual abuse or exploitation, theft, fraud, DUI (alcohol or drugs), fleeing the scene of an accident, unlawful possession or use of a firearm, or drug distribution or unlawful possession of drugs.

A felony, for immigration purposes, is a federal, state, or local crime punishable by imprisonment for a period exceeding one year.

Multiple misdemeanors under this policy is conviction for three or more other misdemeanors not considered a significant misdemeanor.

Murphy Law Firm can assist in preparing and making requests for deferred action and applications for work permits. Call 610-436-7555 to schedule a consultation.