Hi I was wondering if applying for obama's deferred action the choice to make... I've been thinking about it lately I've thought of pros and cons and truth is I'm not 100% sure if the right choice is to apply what if Obama doesn't win the election am I putting myself on the radar to get sent to a country I don't even know? And yes I do qualify for it.. It's just that there's a fear of getting deported that haunts me behind making this decision I'm only a senior in high school this year...
Divorce / Separation Lawyer
Echoing my colleagues, you bring up valid concerns. That being said, you should give strong consideration to the following factors also:
-Increasing importance of the Hispanic vote, which means any Presidential candidate would be weary of revoking Deferred Action and deporting Dreamers, especially ones with no criminal records. (not saying it's not possible, but it is unlikely in my opinion)
-Increased awareness, political activism and participation by pro Dream Act youth groups. Dreamers are organized and have become increasingly vocal and influential. Examples are, Dream Team Los Angeles, United We Dream. Any withdrawal of rights granted by Deferred Action will be met by strong organized political resistance.
-Limited protection against Deportation. You may think that you're being "safe" right now, but truth is you're one unlucky incident away from ending up in removal proceedings. Deferred Action will offer you some limited protection from deportation. (limited because you can always be deported for crimes even if you are a legal resident, but not a citizen).
-Career Implications: Deferred Action can convey several additional benefits, including possibly affording you the ability to get in-state tuition in some states, state driver's license in some states, social security cards, enable you to get professional certifications and licenses in some states. These additional benefits can enable you to live a much better life than your parents. That is essentially the American dream.
Lastly, I will add that when the Deferred Action process opens up, current estimates are that between 800,000 - 1.4 million people will be eligible for this process. If even half of that amount, or even 1/4 of those eligible apply for this process, it is hard to see the government changing their mind later and deporting hundreds of thousands of Dreamers who were previously granted relief. Not without committing one of the largest violations of civil liberty in American history.
I'm attaching a Guide on Deferred Action that I published hereto. Feel free to contact me with any further questions.
Sanjay Paul, Esq.
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3 lawyers agree
I understand ... many attorneys are also struggling with the pros/cons.
The ultimate decision is yours.
Most of us are taking a wait-and-see position ... until the rules come out on August 14th.
With that said, many of us are also doing 'pre-application' consultations, to help people like yourself get ready ... there are a lot of papers you need to assemble before you file.
Capriotti International Law
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FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.
3 lawyers agree
Only you can make that decision.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
The best thing for you is to wait without making any hectic random decisions. The proposed measure yet has not been properly set forth and in my opinion, even in place, provides a temporary solution which falls short of any rational or well-thought immigration policy.
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