Explanation of the Deferred Action Plan

Hetinder Singh Gill

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Immigration Attorney - Irvine, CA

Contributor Level 13

Posted over 2 years ago. 1 helpful vote



Is this program the same as the dream act?

No. The Dream Act legislation was intended to provide a path to permanent residency, it would have provided a procedure, such as higher education or military service to qualify to become a permanent resident and then eventually qualify for citizenship. The Deferred Action Program (DAP) does not provide a path to permanent residency or citizenship. This program simply allows qualifying undocumented aliens to seek "deferral," a temporary relief, from being deported from the US. Immigration activists continue to hope for passage of the Dream Act or similar legislation that would provide dreamers with certainty in their future residence and stay in the United States.


What are the general requirements to qualify

1. You must have come to the United States before the age of 16. 2. You must be enrolled in High School, have graduated from High School, possess a GED certificate, or have been honorably discharged from the armed forces or Coast Guard. 3. Must have no Felony convictions no significant misdemeanor or multiple other misdemeanors (not significant) 4. You must not be above the age of 30 The applicants will be required to undergo checks of biometric and biographical information before qualifying for relief. A more detailed explanation of what constitutes disqualifying crimes is provided below.


What constitutes a "Significant Misdemeanor?" How many non-significant misdemeanors will disqualify me?

The following are considered significant misdemeanors: Violence, threats or assault Domestic Violence Sexual abuse or exploitation Burglary, larceny or fraud DUI (drugs or alcohol) Obstruction of Justice or bribery Unlawful flight from arrest, prosecution, or the scene of an accident Unlawful possession or use of a firearm Drug offenses Also, 3 or more misdemeanors that are not "significant" and occurred separately (not a single act or omission or scheme) may disqualify an individual.


what benefits does DAP confer to qualified indivdiuals?

Deferral - DAP provides a relief from removal for two years, subject to renewal at the end of two years. At this point, there is no set limit on the number of renewals but the details of how the program will be implemented are not yet settled. Work Permits (work authorization) - The individuals in deferred status may apply for and obtain employment authorization by demonstrating a necessity for employment. In other words, if you can show that you need to earn your living, you will likely be granted work permit or work authorization

Additional Resources


Orange County Immigration Lawyer - Raja Gill

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