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New Immigration Policy Announcement for Undocumented Youth

Posted by attorney Joseph Rollin

Announcement:June 15, 2012

The USCIS issued a new policy memorandum today that will allow undocumented ("illegal") youth to remain the United States, for at least two years, with work authorization. The official announcement is here: Official FAQ

To qualify the applicant must:

  • Be 30 years old or younger; and
  • Have come to the U.S. while under 16 years of age; and
  • Have resided in the U.S. since July 15, 2007; and
  • Be educated, meaning the applicant:

    • Is currently in school; or
    • Has graduated high school; or
    • Has earned a GED; or
    • Is an honorably discharged veteran of:
    • The US Armed Forces; or
      • Coat Guard; and
  • Has NOT been convicted of a felony, multiple misdemeanors; a "significant misdemeanor offense;" or otherwise pose a danger to national security or public safety;

  • BE ABLE TO PROVE YOU WERE PRESENT IN THE US ON JULY 15, 2012

If qualified, the USCIS may allow the applicant to remain the United States for a period of two years (this period may be renewed), with work authorization.

One way to establish presence today, July 15, 2012, is to go to a notary public and have them notarize a statement from the applicant that s/he was present on this day!

WARNINGS:

  • This is a new policy, not a new law, and is therefore subject to change!
  • Qualification under this policy DOES NOT result in legal status in the U.S., it only temporarily suspends your deportation!
  • The applicant must pass a criminal background check!

Again, this new policy is NOT a law. It is therefore subject to change. Hopefully, however, this policy will allow undocumented youth to remain in the U.S. until Congress passes a law ("The DREAM Act") that would allow undocumented youth to gain lawful status in the U.S.

The information provided in this article is offered for informational purposes only. It is not offered as legal advice and does not constitute legal advice. You should not make legal hiring decisions based upon brochures, advertising, or other promotional materials.

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