Deferred Action Program is now accepting applications

DREAM Act Applications for young aliens or immigrants

Every young immigrant or alien in the United States has by now heard something about President Obama's announcement in June that some are now eligible under the DREAM Act guidelines for Deferred Action.  Forms for this program, like the Instructions, 821D form, were provided by USCIS on August 15, 2012.

Studies of this program show it is very successful; but as many as a third of eligible applicants, numbering in the hundreds of thousands, have yet to even apply for the program.  This program is a very efficient means to gain legal work authorization and temporary status in the United States, and should be carefully considered by anyone living here without documentation.

Dream Act Guidelines

Younger immigrants to this country are eligible under this new executive order if you meet the following:

 Arrived in the United States when they were under the age of 16; this applies regardless of whether the arrival was authorized and conducted with a border inspection, or unauthorized and without any inspection;

 Have continuously resided in the United States for at least five years prior to June 15, 2012, and were present in the United States on June 15, 2012 (the date of the memorandum);

 Are currently in school, have graduated from high school, have obtained a general education development (GED) certificate, or are honorably discharged veterans of the U.S. Coast Guard or the U.S. Armed Forces;

 Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanors, or otherwise pose a threat to national security or public safety; and

 Are not above the age of 30 by June 15, 2012.  This was later clarified to mean that you must be under age 31, by this date, to be eligible.

The information above must be verifiable and documented, so each applicant must be able to prove these criteria with the following list of documents:

Documentation for DREAM Act criteria

Documentation of presence in this country for the correct time period (at least five years prior to June 15, 2012) and nearly continuous residence may include, but is not limited to, financial records, medical records, school records, employment records, hospital or immunization records, and military records.

Documents used to prove these issues may include immigration court records, applications for immigration benefits, correspondence with immigration agencies, I-94 cards, driver’s licenses, birth certificates of children born in the United States, marriage certificates, hospital records, insurance claim forms, school records, utility bills, tax returns, rental receipts, other dated receipts, bank statements, church membership enrollment records or certificates of baptism, marriage, or other religious ceremony,  CSAP scoring and records, certificates of attendance in school, personal checks bearing a dated bank cancellation stamp, employment records, and credit card statements, among other documents.

Each document in a foreign language must be translated before submission, with the interpreter certifying to the accuracy of the translation.  Interpreters are available to translate these documents through the law firm.

It may also be possible, if such records are not available, to  submit affidavits attesting to an individual’s presence, or may provide letters from employers and attestations from churches, unions and other organizations to show continuous residence.

The fees for this application include two payments to USCIS, for the work authorization documents; $380 to USCIS in one money order, and a second money order of $85 again to USCIS.  This firm will charge a minimal fee to generate each application, in addition to these fees.

The applications usually result in a work permit and deferred action authorization within ninety days of submission.  Some applications will take longer if the USCIS chooses to screen any individual application.  This is a very successful program, however, as most applicants are quickly approved.

After reading through this post, please consider discussing your status with an immigration attorney; this firm can be contacted at the address and number above, and immigration issues are complicated - please call (303) 571-5023 to schedule an appointment to at least discuss the issues.