It’s Official! The First Batch of Deferred Action Participants Have Been Granted Approvals this Week!

Only one month after the Obama administration announced the acceptance of applications under the Deferred Action program on August 15, 2012, and we now have the first set of approvals granted this week. This signifies that as early as this month many of these young immigrant students will have received deferrals. This is an exciting time for the young undocumented immigrant community in this country!

More than 72,000 young immigrants have applied to the Deferred Action program, but these numbers pale in comparison with what Federal Agencies estimated to be 250,000 applicants within the first month. Although this demonstrates that many students are willing to seize the opportunity of a brighter future in the country that has been their home, it also shows that others are holding back.  Many are taking their time to gather documents, consult family, friends and other applicants.  Some are finding it difficult to muster the application fees, which for too many, is a sizable amount. Still, others are skeptical about moving forward, especially with elections around the corner, and are wary of the risks involved.

Our law firm is here to help you navigate through the often confusing rules and regulations, which comprise the immigration legal system. We are committed to helping you make the DACA process as smooth as possible. Please email us at dream@americanimmigrationlaw.com, or call us at 855-2-SUE–OS, or at our office at 323-653-4514 for a FREE consultation today!

In the absence of definitive regulations, it is important to review all possible legal issues before filing for Deferred Action (DACA). We will continue to update our blog and website as more information becomes available and in the meantime will post blogs on frequently asked questions and other issues related to DACA

·        What If I Have An Arrest, Significant Misdemeanor, Or I Am Currently Detained?

 

Having an arrest or significant misdemeanor is definitely a sensitive area that must be evaluated on a case by case basis.  There is no specific definition of significant misdemeanor and, for immigration purposes, some misdemeanors are considered to be very serious regardless of the sentence. For purposes of DACA, the Department of Homeland Security (DHS), generally will not consider a minor traffic ticket, however it is nevertheless important to disclose any offences such as driving without a license. If in doubt, it is always better to disclose the offense. Other offenses such as petty theft or driving under the influence may or may not be considered to be significant and will be reviewed on a case by case basis. It is important to have all arrest records and court dispositions available before filing for DACA. We also recommend obtaining a background check to find out what offences are in the State records. In California, this can be obtained through a live scan service.

The following are examples of criminal offences that DHS may consider serious, and extreme caution should be exercised before considering filing for DACA:

·        Domestic Violence

·        Burglary

·        Unlawful possession or use of a firearm

·        Drug Related offences ( possession, trafficking,  distributing)

·        Gang Related offences

 

If you are currently detained, you should not apply for DACA with USCIS, but rather, you will have to apply with US Immigration Customs Enforcement (ICE). You are also eligible to apply if you are in detention, if you are under age 15.

If you have had an arrest or have committed any type of action that you think might count as a criminal offence or are unsure, it is important that you speak to a licensed immigration attorney. Our immigration attorneys can give you the appropriate guidance, counseling, and advice as to the circumstances of your particular case. We will explain the benefits, as well as the risks, involved before applying for deferred action, and let you decide whether it is the best course of action for you to take, after you have properly weighed your options.

Our law firm is here to help you navigate through the often confusing rules and regulations, which comprise the immigration legal system. We are committed to helping you make the DACA process as smooth as possible. Please email us at dream@americanimmigrationlaw.com, or call us at 855-2-SUEÑOS, or at our office at 323-653-4514 for a FREE consultation today!

USCIS announced today August 3rd, 2012, the new procedures that will be implemented for the Deferrred Action program (Deferred Action for Childhood Arrivals or DACA), which starts August 15, 2012. For full details go to our deferred action site.

Beware of Notario Fraud

The new Deferred Action program is a very exciting opportunity for more than a million persons who came to the United States when they were young and remain undocumented. The program, when implemented, requires completion of an application, which is submitted to the Department of Homeland Security. Past programs have resulted in people being taken advantage of by unscrupulous notarios, who are not licensed to practice law. Many of these victimes lost money without obtaining the desired immigration benefit and others were deported. It is important for this new Deferred Action Program, to make sure that you consult with a licensed Attorney before paying any money to a consultant and check references of anyone who is offering legal services. Remember that the Dream Act has not yet become law and the Deferred Action Program at this time will only allow for a temporary work permit for 2 years. There are important legal consequences of the application which will affect you and possibly other family members.

Look before you leap!

President Obama’s announcement on June 15th 2012, means that the Department of Homeland Security will stop all deportation of young immigrants that meet certain criteria and conditions.

“What deferred actions means to young persons and DREAMers is the stopping of deportation, and the chance to remain in this country legally, which opens the doors of opportunity. What it does not mean is permanent residency, but deferred action is the first step in the right direction.”

- Allisson Ramirez,  Attorney at Law
Law Offices of David B. Gardner