The United States Citizenship and Immigration Service is now accepting applications for Deferred Action.
On June 15, 2012, the Department of Homeland Security formally announced that it will offer Deferred Action for two years to certain young people who came to the U.S. as children and meet other eligibility criteria. Individuals who receive Deferred Action will not be placed into removal proceedings or removed from the U.S. for the duration of the grant. Individuals who receive Deferred Action can also apply for work authorization.
Individuals in removal proceedings, those with final orders, and those who have never been in removal proceedings will be able to affirmatively request deferred action from USCIS.
According to USCIS, an individual who meets the following criteria may apply for deferred action:
1. Was under the age of 31 as of June 15, 2012;
2. Came to the U.S. before reaching his/her 16th birthday;
3. Has continuously resided in the U.S. since June 15, 2007, up to the present time;
4. Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
7. Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;
Deferred Action is not an amnesty. Deferred Action is not permanent. Deferred Action is a temporary reprieve which takes the immediate threat of deportation off the table. Deferred Action does is not a path to permanent residence or citizenship.
The process to apply for Deferred Action may appear fairly straightforward; however issues surrounding the process are not straightforward. Each person will, in essence, be revealing him or herself to the government. While the DHS has offered some level of assurance regarding confidentiality, those assurances are necessarily weak. Speaking with an immigration attorney before applying is the smart, safe way to handle this process. Because of the complexity of immigration law as a whole, even the simplest process can be fraught with pitfalls. The Association of Immigration Lawyers of America (AILA) recommends that you seek a qualified professional to assist you in this process. In this case a lawyer experienced with immigration matters is your best selection. Mr. Latorre has been practicing immigration law for 18 years and has been a member of AILA for 15 years. He has helped thousands of individuals achieve their United States residency and citizenship goal.
If you have any questions or would like our assistance in this process or any immigration matter, please contact us at 704-344-0004 or 1-800-966-6769 for a consultation.
Five Winners of Free Representation for Deferred Action
This year, I decided to give five students my free representation in their Deferred Action cases. I announced it on my radio program, “La Verdad de La Ley” (The Truth of The Law), and asked students who were interested to write me a biographical letter.
President Obama announced on June 15, 2012 that he would offer students who were brought to the U.S by their parents when they were under the age of fifteen, Deferred Action for two years. The Government announced that more than one million students qualified for the Deferred Action, but as of recent date, only 300 thousand students had applied. I represent hundreds of client in their Deferred Action cases and decided to give out five cases this year because I know there are a lot of young students who qualify for the Deferred Action but have not applied because of their economic situation. After all, most of them are young students who do not work.
I received many letters from young students who want to apply for the Deferred Action. Some of them have really emotional and moving stories of how they came to the U.S. and how their parents fought to succeed in the U.S. I enjoyed reading their efforts and their goals. I received many letters from students who do not qualify for Deferred Action because they have not turned 15 years yet. I did not choose them because they cannot apply at this time, and I want to help students who can obtain the Deferred Action now.
In my program, “La Verdad de la Ley” I announced the five winners.
1. Sugey Cota Padilla
2. Sandy Avila
3. Graciela Nuñez
4. Odalys Jimenez
5. Ana Patricia Diaz Peña
I will represent these young students and hopefully obtain their Deferred Action.