What you should do
· Make use of free or low-cost legal clinics from non-profit organizations, especially if you don’t have a difficult case (no criminal history or any other issues that may cause your application to be denied. Use the American Immigration Lawyer's Association directory to find a lawyer.
· Make sure your lawyer is a member of her/his state’s bar association before you use him/her (you can search for your state bar association membership directory online).
What you should NOT do
· Don’t give anybody money yet! There is no application process at this time. Keep visiting unitedwedream.org and we will update you as the situation changes.
· Don’t use the services of anyone calling themselves a notario or an unlicensed lawyer.
· Don’t use the services of anyone promising to get you a green card as the result of the new Obama policy.
· Don’t use a lawyer’s services just because they advertise somewhere or they are a friend of your family.
If you have become the victim of a scam by a lawyer or notario you should report it to federal or state consumer protection agencies. For more information you can visit http://www.stopnotariofraud.org.
· Pingback: Frequently Asked Questions over Deferred Action for DREAMers. « Arkansas Coalition for DREAM
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Background
What does Obama’s June 15th announcement mean?
On June 15th President Obama announced that the Department of Homeland Security will stop deporting young immigrants who meet certain conditions. In mid-August you will be able to submit an application to US Customs and Immigration Service (USCIS). If they approve your application, you will be able to get something called “deferred action”. You will be eligible for a work permit, a social security number, and some protection against being deported. Your application will need to be renewed every two years.
What is deferred action?
If USCIS approves your application, you will be granted deferred action. Deferred action means that the government has chosen not to pursue your case right now even though you are deportable under the law. Deferred action does not create a path to legalization. It does not allow you to petition for relatives to get any sort of legal status either.
There is no new law to protect young immigrants from deportation. You will only be protected if USCIS decides that you qualify for deferred action and Department of Homeland Security personnel follow the new policy. You will not be given a legal right protecting you from being detained, so you cannot sue or appeal if the government ignores this policy.
Didn’t the Obama administration try this before?
In the past, the Obama administration has announced other policies to stop deportations. In June of 2011, Immigration and Customs Enforcement (ICE) said it would review 300,000 pending deportation cases and give deferred action to immigrants who have community and family ties if they don’t have criminal records. The results of the policy were poor: only 1.5% of people in deportation proceedings were given deferred action. According to the New York Times, only 500 immigrant youths had their deportations stopped as a result.
We believe that the new policy will be more effective at stopping deportations. Unlike past efforts, the new policy does not require you to be in deportation proceedings. Instead, you can apply for it proactively. Criteria for eligibility are much clearer than those in the past. The new policy has also been given much more publicity by the White House than past efforts, which suggests that they are more serious about enforcing it.
How is this different from the DREAM Act?
The DREAM Act is a bill that was first proposed in 2001 and has not yet passed. If it were to become a law, the DREAM Act would offer young immigrants brought to the US as children a pathway to get green cards and eventually to become citizens. Unlike the DREAM Act, the Obama announcement is not a law and does not create a pathway to citizenship. Most of the same people who would have been eligible for the DREAM Act – young immigrants brought to the United States as children who are pursuing education or military service – are eligible for deferred action under Obama’s plan.
Couldn’t Congress or a new president end the deferred action program?
It is possible that Congress or a new president could end the deferred action program at any time. But we think the new program will not end in the near future unless it is replaced by the DREAM Act or another immigration reform law. Polls show that Obama’s deferred action policy has widespread support among voters. Presidential candidate Mitt Romney has not rejected the program and said he would replace it with a permanent law, though he has not given specific details about his platform.
Eligibility
Will I be eligible?
You should be eligible if you meet the following criteria:
Age |
· Under 31 years old on June 15, 2012
· Arrived in the US before age 16
· You must be at least 15 years old to apply
· If you are already in removal proceedings, you are supposed to be protected under this policy even if you are less than 15 years old |
Continuous Presence |
· You must have lived in the United States continuously for five years, between June 15, 2007 and June 15, 2012.
· You must have been present in the United States on June 15, 2012 |
Education or military service |
At least one is true:
· You are currently in school
· You have a high school diploma
· You have a general equivalency diploma (GED)
· You were honorably discharged from the US Coast Guard or Armed Forces |
No criminal history |
· You have not been convicted of anything below:
· A felony
· A significant misdemeanor
· Three or more misdemeanors of any sort
· The Department of Homeland Security does not consider you
· A public safety threat
· A national security threat |
For more on eligibility, please click here.
The Application Process
How do I apply?
There is no application process yet – USCIS is still figuring out the details. The government has said that the process will be available by mid-August.
Do I need a lawyer?
You may not need a lawyer, depending on how complicated the application process is and your personal situation. Do not pay a lawyer for anything in connection with this announcement at this time! No application process exists yet and we believe it would be unethical for a lawyer to take your money at this point. Even when there is a process, you should be able to get legal help for little or no cost from a non-profit organization. See our warning on lawyers and notarios.
Beware of scams. Do not go to a notario. Do not go to anyone claiming they can get you a green card as a result of the Obama announcement. See our warning on lawyers and notarios.
If my application is denied, will I be at risk for deportation?
You will be at risk for deportation if you have a criminal record or if the government believes there is evidence of fraud in your application. Even if your application is denied, your case should not be referred for deportation unless there is evidence of a criminal history or fraud.
Can I appeal if my case is denied?
If your case is denied you will have no legal right to appeal. It is not clear if USCIS will let you apply again.
What should I do right now?
At this point, there are three things you should do:
1. Collect any documents that can prove the date you entered the United States and remained here between June 15, 2007 and June 15, 2012. These include:
Financial records |
Examples: lease agreements, mortgage agreements, bank statements, checks, bills |
Medical records |
Examples: immunization records, a medical history report from your doctor |
School records. |
Examples: report cards, progress reports, diplomas, transcripts, GED certificates.
You will also need to submit proof of current school enrollment, a high school diploma, or a GED certificate to qualify. |
Employment records |
Examples: pay stubs, employment contracts, direct deposit slips.
Do not use employment records if they have fake information on them. |
Military records |
|
Other documents |
Any other records that will help your case from a church, union, or other organization |
2. Do a background check on your criminal history. Many states have systems for you to collect this information. In many cases, you can find it on your local county website or state government websites. Make sure you get them from all states where you believe you may have been arrested or convicted. You should not apply for deferred action without doing a background check even if there is just a small chance that you have any sort of criminal record.
3. Get involved with an immigrant youth group in your area. They will know the resources in your area and help you figure out the application process once it is available.
4. Attend a community education forum in your area.
How much will it cost to apply?
At this point, we don’t know how much it will cost to apply for deferred action under the policy announced on June 15. At the least, the cost will include a $380 fee for the employment authorization application. Additional fees may be applied. Applicants will be able to apply for a fee waiver depending on their economic means or situation.
How long will it take to process the application?
We don’t know yet. Currently, the processing time for an employment authorization document is about 80 days.
Benefits
Will I be able to get a driver’s license?
This depends on your state. If you are approved for deferred action, you will receive an employment authorization document (EAD) and a social security number. You can call your state’s department of motor vehicles or visit its website to see what documents they require.
Will I be able to pay in-state tuition for college?
If you live in a state that offers in-state tuition rates for undocumented immigrants attending public colleges, you will should still be able to get those tuition rates if you have deferred action. These states include Maryland, New York, Texas, New Mexico, California, Utah, Oklahoma, Kansas, Washington, Nebraska, Illinois, Rhode Island, and Connecticut. Colorado just passed a law allowing undocumented residents to pay 150% of in-state tuition.
For other states it is less clear if immigrants with deferred action will get in-state rates. It could also vary between schools. We will be looking into this in the coming weeks.
Will I be eligible for financial aid?
You will not be eligible for federal financial aid. The states of Texas and California offer financial aid without regard to immigration status. For other states the law is less clear. There are also private scholarships that may be available to you – many only require a social security number which you will be able to get if you are granted deferred action.
Will I be eligible to join the US military?
No.
Will I be able to travel outside of the country?
TBD.