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Friday, August 31, 2012

Deferred Action for Childhood Arrivals: Do You Qualify?

On June 15, 2012, the United States Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization. For a government overview of this policy, you may visit http://www.uscis.gov/childhoodarrivals.
Essentially, individuals who can demonstrate through certain documentary evidence that they meet these new guidelines will be considered for deferred action.
The Department of Homeland Security (DHS) will use its discretion as appropriate to ensure that enforcement resources are not expended on low priority cases, such as individuals who came to the United States as children and meet other key guidelines.  Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals for a period of two years, subject to renewal, and may be eligible for employment authorization.
You may request consideration of deferred action for childhood arrivals if you:
1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Do you meet these requirements? Do you have additional questions or concerns about applying for deferred action? Are you curious about how this policy is different from other versions of the DREAM act that have been proposed in the past?
Remember,  each situation is different. For a deferred action consultation with Attorney Van Wormer, please contact our office at (703) 244-6733 or contact@vanwormerlaw.com.

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