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The DREAM Act, is basically a legislative proposal (bill) that would offer permanent residency (Green Card) to certain illegal immigrants who arrived in the U.S. at a young age. Dream Act proposal has strict eligibility standards that illegal immigrants need to satisfy. This bill, first introduced on August 1, 2001, was never passed by the Congress.
On June 15, 2012, President Obama announced a much awaited policy providing certain undocumented youths with benefits similar to those under the Dream Act. This new policy is called Deferred Action for Childhood Arrivals (DACA). Under this policy, the government agrees not to put an individual in removal proceedings. If an individual already has a pending order of removal, that will be put on hold under this deferred action policy. The Department of Homeland Security has released formal guidelines on the Deferred Action for “DREAMers” who are among the worst affected victims of a flawed immigration system. Perhaps the top benefit of the Deferred Action benefit is that it removes the immediate threat of deportation for eligible illegal immigrants.
Learn everything about DACA Application and Requirements.
The new DREAM Act benefit is a great reprieve for people who qualify, as it gives them the ability to apply for Employment Authorization Document (EAD) once this deferred action is granted. It will be granted for a period of two years but may be extended if the individual continues to meet the requirements. The grant of deferred action is discretionary and requests for relief will be decided on a case to case basis after a careful review of the supporting evidence and documentation submitted.
USCIS has started accepting applications for Deferred Action as of August 15, 2012. Application forms and instructions were posted on the official USCIS website on August 14, 2012. Eligible individuals must wait until August 15, 2012 to submit the application as USCIS will reject any requests received before that. The eligibility criteria, as set out by the 06/15/12 memo and subsequent update on 08/03/12, are as follows:
There is a total filing fee of $465, of which $380 goes towards the Employment Authorization Document (EAD) and $85 towards biometrics fee. Deferred action lawyers at the VisaNation Law Group PLLC charge a competitive attorney fees, which is competitive with other immigration law firms in Miami, FL and NYC.
As with any new immigration policy or law, a careful analysis of your eligibility for deferred action by a qualified immigration lawyer is very important. Applying for the Deferred Action benefit without fully qualifying or without appropriate supporting documents may lead to Requests for Evidence (RFE) or rejection of your application. The USCIS is widely expected to issue a high percentage of RFE for deferred action applications and it is usually time consuming, stressful and expensive to prepare and submit an RFE response. Thus it’s imperative to send out the best and most complete application the first time. Moreover, if your initial RFE response is not considered adequate, the USCIS will almost certainly deny your deferred action application. If that happens, the possibility of being put in removal proceedings in not completely out of question.
VisaNation Law Group has extensive experience in deportation cases and has enjoyed a great success rate in fighting removal and helping clients stay in the U.S. The Immigration attorneys at VisaNation Law Group applaud this effort of the Obama administration and will proudly assist qualified DREAMers in achieving the best possible results in their case.
Do not risk denial of your deferred action application! Call VisaNation Law Group at 1-877-811-3541 for a Free Consultation.