Sitting in on the USCIS conference call with Director Mayorkas regarding Deferred Action. The forms will be released today and those forms are I-821D (Consideration of Deferred Action for Early Childhood Arrivals), I-765 Application for Employment Authorization Document (EAD), I-765WS (worksheet for economic necessity) and the total USCIS fees will be $465. It is important to remember that Deferred Action DOES NOT CONFER LEGAL STATUS. What Deferred Action does do is provide relief from deportation/removal proceedings for a period of two years and is subject to renewal thereafter. Applicants who are granted this relief will also be able to apply for Employment Authorization. A key development that I learned of today is that USCIS will not share information about family members with ICE (Immigration and Customs Enforcement) for removal proceedings UNLESS there is criminal implications or national security concerns.
Last, this program will handle all applicants on a case by case basis. The USCIS may request further evidence or schedule additional interviews if they need more information on an applicant. Visit www.kpimmigrationlaw.com or call 949-440-3240 if you need more information.
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Tuesday, August 14, 2012
Friday, August 10, 2012
"Dream Act"/Deferred Action
The web is buzzing about the government's highly anticipated program, officially called "Deferred Action for Childhood Arrivals", but known to most who will apply for it as the "Dream Act" (even though it is not technically THE Dream Act, because Congress has yet to take action). Basically, if you came to the United States before age 16, have not committed any serious crimes, are under the age of 31, are in school/have graduated from school/are a veteran, and have lived continuously in the United States since June 2007, then you are eligible for the program.
Now people need to understand that this is not a path to Citizenship, nor will you become a Lawful Permanent Resident (i.e. get a "green card"). What is this program then, amnesty? Well, sort of. According to the USCIS, "Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion". In plain English, if you qualify for this program and your application is approved by the USCIS, you will not be subject to deportation for two years. Please note that this program is renewable (i.e. you will be able to re-apply for another two years). Also keep in mind that Deferred Action is discretionary, it is up to the USCIS and them only, as to whether you qualify for this initiative and also remember, there is no "appeals" process if you are denied.
Accordingly, it cannot be more emphasized that you retain the services of a qualified immigration lawyer to give your application the best possible chance of approval. With so much on the line, it is inadvisable to handle such a serious matter on your own. Even the slightest error could result in a denial. Contact me at kpatel@kpimmigrationlaw.com or visit my website www.kpimmigrationlaw.com for additional details on this program and to schedule a free consultation.
The web is buzzing about the government's highly anticipated program, officially called "Deferred Action for Childhood Arrivals", but known to most who will apply for it as the "Dream Act" (even though it is not technically THE Dream Act, because Congress has yet to take action). Basically, if you came to the United States before age 16, have not committed any serious crimes, are under the age of 31, are in school/have graduated from school/are a veteran, and have lived continuously in the United States since June 2007, then you are eligible for the program.
Now people need to understand that this is not a path to Citizenship, nor will you become a Lawful Permanent Resident (i.e. get a "green card"). What is this program then, amnesty? Well, sort of. According to the USCIS, "Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion". In plain English, if you qualify for this program and your application is approved by the USCIS, you will not be subject to deportation for two years. Please note that this program is renewable (i.e. you will be able to re-apply for another two years). Also keep in mind that Deferred Action is discretionary, it is up to the USCIS and them only, as to whether you qualify for this initiative and also remember, there is no "appeals" process if you are denied.
Accordingly, it cannot be more emphasized that you retain the services of a qualified immigration lawyer to give your application the best possible chance of approval. With so much on the line, it is inadvisable to handle such a serious matter on your own. Even the slightest error could result in a denial. Contact me at kpatel@kpimmigrationlaw.com or visit my website www.kpimmigrationlaw.com for additional details on this program and to schedule a free consultation.
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