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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