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The Rokicki Law Firm | Experienced Immigration Attorney

Deferred Action for DREAMers

On June 15, 2012 the Department of Homeland Security formally announced that it will offer deferred action to "DREAMers." For all the promising undocumented youth who call America home, this represents the opportunity to come out of the shadows and fully embrace the only country they know.

Eligible individuals must:

- Be 15-30 years old, and have entered the U.S. before age 16;

- Have been present in the U.S. for 5 years as of June 15, 2012;

- Have maintained continuous residence in the U.S.;

- Have not been convicted of a felony, a significant misdemeanor or multiple minor misdemeanors;

- Currently be in school, have graduated, or have a GED, or be an honorably discharged veteran.

The deferred action offer will be available to those in proceedings, as well as to those who apply affirmatively.

What Is Deferred Action?
Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual.  In addition, although an alien granted deferred action will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not absolve individuals of any previous or subsequent periods of unlawful presence. 

Under existing regulations, an individual who has been granted deferred action is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.”  Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.

For more information on this new development, contact the Rokicki Law Firm at 973 - 671 - 8529.