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July 2, 2012
What to do while waiting for the Citizenship &
Immigration Service to implement Deferred Action for
Dreamers
On June 15, 2012, the Department of Homeland Security (DHS) announced its intention
to give deferred action and employment authorization documents (EADs) for a period
of two years to certain young people who came to the United States as children. These
individuals must demonstrate that they:
Entered the U.S. before the age of 16
Have continuously resided in the U.S. for at least five years prior to June 15, 2012
Were physically present in the U.S. on June 15, 2012
Are currently in school, have graduated from high school, have obtained a GED,
or are honorably discharged veterans of the Armed Forces or Coast Guard.
Have not been convicted of a felony, a significant misdemeanor offense,
multiple misdemeanors, or otherwise present a threat to national security or
public safety
Were not above the age of 30 on June 15, 2012.
While individuals who are in removal proceedings or the subject of final orders of
removal can seek deferred action from Immigration & Customs Enforcement starting
immediately, those who have never been in removal proceedings must wait for the U.S.
Citizenship & Immigration Service (CIS) to implement procedures to receive
applications for deferred action. The DHS announcement gave the CIS 60 days (August
14, 2012) to implement the process. Applicants should not submit any applications
before the process has been established as they will be rejected.
Although the CIS will not start accepting applications until at least August 15, 2012,
individuals who may be eligible for DREAM Act deferred action can take certain steps
that may require additional lead time while waiting for the process to become
available:
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1333 H Street, NW Suite 900 West Washington, D.C. 20005 Phone | 202-644-8600
Fax | 202-644-8615
Consult with a reputable lawyer. Start here: http://myaila.aila.org/Search/.
Like us on Facebook to get the latest information:
https://www.facebook.com/BenachRaglandLlp
Get a passport. Contact Embassy in the U.S. and seek a passport.
Get your birth certificate.
Get documentation to prove entry before the age of 16, five years residence in
the U.S., and presence on June 15, 2012: school records, medical records,
church records, I-94 cards, immigration documents, bank statements, credit card
bills, insurance records, dated receipts for purchases, utility bills, leases, tax
returns, birth certificates of children born in U.S., marriage certificates in U.S.,
driving records, letters from employers, ministers, or other organization ns
confirming your presence in the U.S., or dated photos. This is list is not exclusive
and other reliable evidence may be considered.
Enroll to take the GED. Take a GED class.
Obtain records of any arrests. You will need certified dispositions of any arrests. If
you have any arrests, we strongly suggest that you consult counsel before
applying for deferred action.
Educate yourself about the DREAM Act. Start here:
http://www.dreamactivist.org/text-of-dream-act-legislation/general-faq/
Educate yourself on the positions of the Presidential candidates on the DREAM
Act and immigration : http://www.barackobama.com/latinos/accomplishments
and http://www.mittromney.com/issues/immigration
Get active: www.dreamactivist.org
Stay on top of the latest news:
o www.benachragland.com
o www.dreamactdeferredaction.com
o www.uscis.gov