Deferred Action for Childhood Arrivals: A Welcome Relief for Many Dreamers
On Wednesday, August 15, 2012 and the days to come, the Department of Homeland Security is anticipating an estimated one million or more applications from people who are residing all over the United States that would potentially benefit from the new policy.
The memorandum from the Secretary of Homeland Security, Janet Napolitano dated June 15, 2012 sets forth how the DHS in the exercise of prosecutorial discretion should enforce the Nation’s immigration laws against particular young people who were brought to this country as children.
There are however criteria that must be satisfied before the individual is considered for an exercise of prosecutorial discretion pursuant to the memorandum: (1) came to the United States under the age of sixteen; (2) has continuously resided in the United States on the date of this memorandum – June 15, 2012; (3) is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; (4) has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and (5) is not above the age of thirty. The new memorandum also extends to individuals who are already in removal proceedings or subject to a final order of removal.
The DHS stated clearly that, while the new policy gives immediate relief to certain young people, it does not confer full lawful status or a path to permanent residence or citizenship but when consequently granted will defer any removal action against the applicant for a period of two years, subject to renewal. An applicant who was granted benefits under the DAS, may be eligible for work authorization, social security, State Identification or Drivers License and other benefits.
Due to USCIS extensive requirements and each individual’s unique case scenario, you are encouraged to seek the advice of a knowledgeable and reputable Attorney.
Leon Frommer has been a practicing attorney in the Los Angeles, California area and member of the State Bar of California since 1977. Besides practicing as an attorney, Leon Frommer has also served as an Arbitrator and Mediator in the Los Angeles Courts. He is also a member in good standing of Consumer Attorneys Association of Los Angeles (CAALA) and Public Justice Foundation. He also participates and supports many community and civic organizations the Filipino-America community and member of the Filipino-American Chamber of Commerce of Los Angeles (FACC,LA) and Past President of the LA Pacesetters Lions Club.
The information contained in this article is of a general nature, and not intended to serve as legal advice or carry any guarantee or warranty of success in any particular case. No attorney-client relationship is established with the presentation of this article.
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