On June 15, 2012, by Executive Order, President Barack Obama announced that the Department of Homeland Security would begin placing selected young people whose achievements and/or ties to the United States qualified them in a form of relief from removal called “Deferred action”. Subsequently referred to as the “Dream Act”, the President’s announcement is law by executive order, rather than a law passed by Congress, and remains effective until rescinded by another executive order or by Congressional legislation.
Deferred action essentially provides a reprieve from removal to individuals who meet the stipulated guidelines. Qualifying under this Executive Order are those immigrants illegally present in the U.S. who are:
– Currently 30 years or younger;
– Have been in the U.S. for at least 5 years;
– Arrived before they turned 16 years old; and
– Graduated from a U.S. high school or earned a GED or are currently in school and don’t have a criminal record
Deferred action is not a lawful status in the United States and does not secure an individual’s long-term presence in the United States. It simply means that the government will not initiate removal proceedings against an individual who meets the above criteria. Deferred action thus grants these individuals:
– The right to remain in the United States with the approval of the government (so long as this executive order remains in place); and
– The right to apply for and to renew work permits every 2 years upon showing “economic necessity”;
Deferred action is a period of stay authorized by the Attorney General and an individual accrues no “unlawful presence” during this time period, thus shielding them at least temporarily from the harsh provisions of INA § 212(a)(9)(B).
Deferred Action can provide relief to individuals who have not yet been placed in removal proceedings, but it can also provide relief to individuals currently in removal proceedings or those to whom a final order of removal has been issued.
It is estimated that more than a million undocumented immigrants across the United States will benefit under these regulations. While final guidance is forthcoming, requests for deferred action are likely to be made to United States Citizenship and Immigration Services (USCIS) in some cases and to ICE (Immigration and Customs Enforcement) in other cases.
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Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
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