Deferred Action for DREAMers/Soñadores | New Obama Immigration Law

Richard Brian Hein

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Immigration Attorney

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Posted almost 2 years ago. 2 helpful votes

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1st Requirement: Age When You Entered the USA

Deferred Action requires the petitioner to have arrived in or entered the United States of America before turning 16 years old. This means that if you arrived to the USA on your 16th birthday, you do not qualify to apply for Deferred Action under the first requirement. If not, then you do qualify under the first requirement. Of course, you still have to prove this, and the other requirements with evidence and proof, the best ones being academic and medical records.

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2nd Requirement: Current Age (between 15 and 30)

Under the new Deferred Action regimen, you had to be: a. less than 31 on June 15, 2012; and b. at least 15 on the day you file for Deferred Action. Si your 31st birthday was before June 15, 2012, then you do not qualify, and, if you have not yet turned 15, you likewise do not comply with this second requirement. Therefore, if you are currently under 15 years of age, you just have to wait until your 15th birthday to file your Deferred Action Application, if you qualify under the other requirements.

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3rd Requirement: Length of Residency (5 years) and Date of Arrival

You have to demonstrate that you have lived continuously in the United States for at least the five (5) years before June 15, 2012, and that you were present on the same day. Stated another way, you must have arrived to the United States on or before June 15, 2007 and lived in the USA since then without interruption in order to satisfy this third requirement to apply for Deferred Action.

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4th Requirement: Studies and/or Military Service

You have to prove that you are currently studying at the time of filing, that you are enrolled in a primary school, middle school or high school, whether public or private, that you have graduated from High School, obtained a GED, or that you are an Honorably Discharged Veteran of the US Armed Forces or the US Coastguard. Of course, the best proof of this requirement is your academic record, or likewise, your military discharge records.

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5th Requirement: Clean Criminal Record

The fifth requirement is also absolutely necessary to be able to apply for Deferred Action, and that is that you have to prove that you have not been convicted of a felony, a significant misdemeanor, or multiple misdemeanors and that you do not represent a threat to the national security or public safety. By way of the Deferred Action filing procedure, you will you have your fingerprints and biometric information taken to have a background check run to see if you have a clean record. Nonetheless, it is advisable to submit a police record together with the application which one can procure at your local police station.

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What is Deferred Action and What Does it Provide?

There exists a certain level of confusion about what Deferred Action under the New Policy of the Obama Administration is. In this brief informational overview, we intend to clarify the misconceptions. What it IS: a benefit for deferred action to avoid deportation. What it is NOT: a) Amnesty, b) a Law, c) A Legal Status, d) A Deportation Process. We have called it the "New Obama Deferred Action Law" to be able to identify it simply, but it is definitely not a law. What it PROVIDES: a) the Stay of the Deportation Process, b) the Possibility of Obtaining a Work Permit, c) the Opportunity to get a Social Security Number, and d) the Possibility of Obtaining a Driver License, depending on the Laws of the State where you live. What is DOES NOT PROVIDE: Any Legal Immigration Status.

Additional Resources

If you would like more information about this process under the New Obama Deferred Action Policy, you may visit our web page dedicated to this process at: http://www.heinlegal.com/en/united-states-immigration-lawyer-firm-family-visas-green-card/deferred-action-new-obama-law-daca-students-immigrants Or you may visit the USCIS website at www.uscis.gov.

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