Deferred Action Offers Some Relief, Says Houston Immigration Attorney
Houston, TX (Law Firm Newswire) October 4, 2012 - In June, the White House offered immigrants “deferred action” if they were brought to the U.S. as children, and if they otherwise qualify under the DREAM Act.
This announcement was an effective stopgap measure which froze deportation proceedings for many young immigrants. Congress is now drafting a solution to give permanent residence to those who qualify.
This deferment, the “Deferred Action for Childhood Arrivals” (DACA), means that the Department of Homeland Security has (DHS) has decided that the individual is not a high priority for immigration enforcement, and the DHS does not currently plan to deport them.
"Deferred action, while offering temporary respite from enforcement, may also be revoked at any time, so should not be considered immunity from deportation or amnesty," cautioned Houston immigration attorney Annie Banerjee. "People should be advised that DACA is not the same as obtaining legal immigration, nor will it grant citizenship to an individual's family members if he or she has been deferred."
Individuals who may request deferred action include: individuals who arrived in the U.S. before meeting they turned 16; individuals who were not yet 31 and did not have valid immigration status as of June 15, 2012; individuals who have resided continuously in the United States from June 15, 2007 to the present; individuals who are in school, or are a high school graduate, or have a GED, or who were honorably discharged from the Armed Forces; individuals who have not been convicted of what may be deemed a significant misdemeanor, or three or more less significant misdemeanors, or a felony; and individuals who are deemed to not pose a threat to public safety or to national security.
Individuals requesting deferred action will also be considered if they are currently under the age of 15 and are facing a final order of removal, are in the process of removal proceedings or voluntary departure, or if they are 15 years old or older. The deferred action is good for two years: individuals may request a deferral renewal after the two year period, as long as they were below the age of 31 as of June 15, 2012. If an individual is granted deferred action, he or she can legally work in the United States with an Employment Authorization Document (EAD).
To request deferred action, an individual must submit the proper forms and additional documentation to the appropriate USCIS state office by mail only. The USCIS will then contact the individual to make an appointment to be processed.
For more information, contactr the U.S. Citizenship and Immigration Services (USCIS) at (800) 375-5283 or visiting www.uscis.gov/childhoodarrivals.
Annie Banerjee is a Houston immigration lawyer specializing in helping people become United States citizens. The law offices assist in visas and other legal immigration requirements as well. To learn more, visit http://www.visatous.com.
Law Offices of Annie Banerjee
131 Brooks Street, Suite #300
Sugar Land, Texas 77478
Phone: (281) 242-9139
Phone: (281) 242-9139