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The Dream Law Guide to Deferred Action

Posted by attorney Sanjay Paul

An overview of the policy changes to Deferred Action announced by the Obama Administration on June 15, 2012

Published July 2012


Who are “Dreamers" and where does the term come from?

Dreamers" is a term used to refer to children of undocumented immigrants who were brought to the United States as minors. The term “Dreamers" is taken from the DREAM Act, which was a bill proposed in Congress that provides a path for legal residency for children of undocumented immigrants.Although the DREAM Act failed to pass into law, beneficiaries of this bill are referred to as Dreamers because of the belief they will one-day achieve legal residency in the U.S through comprehensive immigration reform.

Dream Law, LLC is an immigration law firm that proudly embraces the spirit of the DREAM Act and works with Dreamers from all backgrounds to present their best case when applying for Deferred Action. The benefits of applying for Deferred Action include gaining residency in the U.S. in 2 year increments, obtaining a renewable work permit, state driver’s license and social security card. These rights granted through Deferred Action help Dreamers improve their lives and pursue their goals until comprehensive immigration reform is passed.


What is Deferred Action?

Deferred Action is a form of administrative relief that allows Dreamers to remain in the United States for 2 years at a time and obtain a renewable work permit. The Deferred Action process and work permit are both renewable every 2 years.

Applicants do not have to be in deportation proceedings to apply for Deferred Action. Even if ICE is not aware of your presence in the U.S., you may affirmatively apply for Deferred Action in August 2012.In order to apply for Deferred Action, applicants have to satisfy and prove a list of requirements.Deferred Action is not a pathway to permanent legal residency or U.S. Citizenship.

What are the qualifications to apply for Deferred Action?

There are 6 qualifications generally speaking to apply for Deferred Action:

  1. 1. The applicant must have come to the United States before the age of sixteen (16).
  2. 2. Have continuously resided in the United States for a least five years preceding June 15, 2012 and are present in the United States on June 15, 2012;
  3. 3. Must be at least 15 years old to apply for Deferred Action.
  4. 4. Applicant must be in school, or graduated from high school, or obtained a GED, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
  5. 5. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety.
  6. 6. Applicant must not be older than 30 years old. (Cannot have turned 31 prior to June 15, 2012)

*Applicants must be able to prove all of the above qualifications with documentation. Please consult an immigration lawyer about the facts of your specific case.

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