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President’s announcement is law by executive order, rather than a law passed by Congress, and remains effective until rescinded by another executive order or by Congressional legislation.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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In the final stages of our employment based green card, Maya Flores was very helpful. She guided us through the details, made a mock up interview and then went with us to the actual appointment. We were able to see her expertise because she made some clarifications to the officer. Very good service, 5 well deserved stars.
We had the chance to work with Maya Flores during the final stage of our employment-based green card process, and we are so thankful we did. Even though our case was already far along when she stepped in, she took full ownership right away. She carefully reviewed everything, prepared the documentation, suggested the right immigration forms, and made sure we felt ready. She was with us during the interview and…
I highly recommend Attorney Mathew Kriezelman and Kriezelman Burton & Associates, LLC. I had an outstanding experience working with their office. I petitioned for my parents, and the firm guided them through the entire adjustment of status process. From the very beginning, Attorney Mathew Kriezelman and Paralegal Silvia Dimayuga were professional, knowledgeable, and exceptionally supportive. They clearly explained each step, ensured all documentation was properly prepared, and promptly answered every…
Navigating the immigration system is incredibly stressful, but Justin Burton made the process seamless. They were patient with all my questions and explained every step of the legal process in a way I could easily understand. Their attention to detail is unmatched, and their staff is professional and kind. Highly recommended!
I cannot thank Justin Burton enough for their incredible work on my case. From our very first consultation, I felt a sense of relief knowing I was in expert hands. They were meticulous with the paperwork, always kept me updated, and ultimately helped me achieve a successful outcome. If you are looking for an immigration lawyer who truly cares about their clients, look no further.
Outstanding Immigration Attorney – Worth Every Penny I cannot recommend Justin highly enough as an immigration attorney. My case was extremely difficult and complex, and from the very beginning, Justin demonstrated an exceptional level of knowledge, professionalism, and dedication. He took the time to fully understand every detail of my situation and explained the entire legal process clearly and honestly, which gave me confidence during a very stressful time. While…
I highly recommend this law firm! They are always honest right from the initial consultation. They don't take cases just for the money. My family member was a victim of an ICE raid in Michigan on November 17th and returned home on December 30th. It could have been faster, but everything happened during the holidays (Thanksgiving and Christmas). Maya Flores was recommended by another lawyer, and the entire team has…
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