Are You "DREAM ACT" Eligible

According to the Department of Homeland Security website, the Secretary of Homeland Security Janet Napolitano announced on June 15, 2012 that certain young people who were brought to the United States as young children will be considered for relief from removal from the United States or from entering into removal proceedings if they meet certain criteria. 

So, now you're probably wondering what that even means! Essentially, what it means is that certain people who were under the age of 31 on June 15, 2012 will be given a TEMPORARY relief from removal. This means that if you are undocumented in the United States, are under the age of 31 as of June 15, 2012 and obtain "DACA," you will be protected from removal if ICE or some other government agency finds that you are not a United States Citizen or Legal Permanent Resident. It doesn't mean you can go on a crime spree, but what it does mean is that you will have the opportunity to attend school and go to work (legally).

Deferred action lasts for TWO years, then you have an opportunity to renew at the end of those two years. You will have the opportunity to apply for employment authorization. 

*NOTE: Deferred Action applications DO NOT expire. The date on the top of the application is for internal purposes - basically, it's so that the lawyers know they might have to look out for another form. The best advise I can give you is that you see an immigration attorney, to determine whether you are eligible.

In order for a person to apply for deferred action, he or she must:

1. Be under the age of 31 on June 15, 2012 (that means be born on or after June 16, 1981)

2. Must have arrived into the United States BEFORE turning 16.

3. Must have continuously lived in the United States since June 15, 2007 until now.

4. Must prove that you were PRESENT on June 15, 2012. And since August 15, 2012, you cannot   

have left the country.

5. Cannot have any type of immigrant status at the time of your application. This means you can't have a tourist visa or any other type of visa. 

6. Must have graduated from high school (and have a high school diploma), or obtain a GED certificate, or be in school.

7. Cannot have committed certain crimes.

8. Must be at least 15 years old UNLESS you are currently in deportation proceeding, have voluntary departure order or deportation order and are not in immigration detention. If you are in any type of proceeding you can STILL apply and should apply to help you have temporary relief. If you're under 15, you can still apply and the age requirement doesn't apply to you.

Why wouldn't you apply?! If you have DACA, you will have permission to stay in the United States and remain in the country; you will not be removed (unless you commit a crime, of course.) Also, you will be eligible to work in the United States, and obtain a driver's license (if you live in a state that allows it.) California, for example, allows you to have a drivers license. Also, you do not accrue unlawful presence - which will help you later, if you have a permanent source of relief in the future.

Having a criminal record can affect your eligibility. You CANNOT be convicted of a felony or significant misdemeanor (even a Driving Under the Influence [DUI] makes you ineligible.) 

However, if you have less than three minor misdemeanors, and do not otherwise pose a threat to national security or public safety, you may STILL be eligible. See an attorney, as they will be able to help you with a declaration.

If you are interested in Deferred Action for Childhood Arrivals, call an immigration attorney!

I am available at my office, if you choose to see me.

(626) 898-7200

The first consultation is free!

NOTE: Noreen L. Barcena does not make guarantees by posting on this blog. This blog is merely for informational purposes and she advises that you should seek legal advise IN PERSON. Noreen L. Barcena practices law solely in the State of California and does not have opinions or guarantees about other state laws.