LAW OFFICE OF TAQUITA M. HOGAN-CLAIBORNE

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Consider the Children....

Posted by TaQuita M. Hogan-Claiborne on December 5, 2013 at 12:10 AM

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Consider the Children....

Currently, in the U.S. there are many youth who came to the U.S. as children without legal authorization but through no fault of their own.    Arriving in the U.S. as a child, they live their whole lives in the U.S. without permission, in most cases, with absolutely no connection with their home country.

Therefore, they remain in the U.S., earn an education, seek to go to college, or to join the U.S. military services. 

 

What can they do to become legalize?

One option:  In 2012, President Obama implemented a new policy labeled Consideration of Deferred Action for Childhood Arrivals that provides possible assistance for these young adults. 

In order to qualify, the undocumented immigrants must be between the ages of 16 and 30 who have been in the country for at least 5 years from 6/15/12 (and meet other requirements) to obtain a temporary legal status and a work permit.

This privilege does NOT come easy.  Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action. Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a continuous period of not less than 5 years immediately preceding today’s date.

 

So, let’s clarify it once again…who does this benefit?  The undocumented aliens under age 30 who were brought here illegally at a young age AND have lived in the United States for at least five consecutive years, currently in school or are high school graduates or military veterans.

Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal.

 

They will also obtain a work permit. 

Please note that this is NOT the “Dream Act” and does NOT lead to a greencard or U.S. citizenship.  Yet, the policy will halt the deportations of those in deportation proceedings and will make immune from deportation those who are not in any proceedings.

It is a celebrated step in the right direction and it allows these individuals to live and work in the U.S.   

 

   

DO YOU QUALIFY FOR DEFERRED ACTION?

  • Did you come to the United States when you were under the age of 16?
  • Have you continuously resided in the U.S. since June 15, 2007, up to the present time?
  • Were you physically present in the U.S. on June 15, 2012 AND on the date of your Deferred Action request?
  • Were you under the age of 31 on June 15, 2012?
  • Did you enter without inspection before June 15, 2012, or did your lawful immigration status expire before June 15, 2012?
  • Are you "currently in school" in the U.S. on the date you submitted the application, or have you graduated from High School, obtained a G.E.D., or been honorably discharged from the U.S. military?*
  • Have you NOT been convicted of a felony, a significant misdemeanor, multiple misdemeanors, or otherwise pose a threat to national security or public safety?

If you answered YES to all of the above questions, you should qualify to apply for Deferred Status.

Nevertheless, each case shall be handled by DHS on a case-by-case analysis; therefore we would need more details about your specific case in order to determine your options.

WHAT DOCUMENTS SHOULD YOU SUBMIT? 

  • Submit documents that show that you qualify. Examples of records that demonstrate eligibility might include: school records, medical records, vaccination records, financial records, employment records.
  • A copy of your birth certificate.
  • A translation into English of your birth certificate with a Certificate of Translation in which the translator shows that he or she has accurately translated the document into English.
  • An unexpired picture I.D. issued by a government agency (eg., a passport or country I.D., a school I.D.).
  • If you finished school without graduating, get into a GED course or other qualifying educational course of study. Check out the Texas Education Agency GED website or GED Testing Service website. IF you are enrolled in a GED course, you should meet the "currently in school" requirement.
  • If you have been arrested, obtain copies of all arrest records, charging documents, dispositions (outcomes), sentencing records. 
    • Where a case was dismissed or where charges were not filed, obtain an "Arrest Disposition Report" showing what happened after the arrest. 
    • If you plead guilty or were found guilty by a judge or jury, obtain certified copies of the charging document (Information), Judgment, sentencing, and other documents about the conviction.

 

 

Categories: Immigration Law

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