DREAM Act Work Permit
Deferred Action Attorney in San Jose
Deferred action is a discretionary determination to defer removal action
of an individual as act of prosecutorial discretion, which does not confer
lawful status upon an individual. Additionally, although an alien granted
deferred action will not be considered to be accruing unlawful presence
in the U.S. during the period of 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.
Deferred action can be terminated at any time at the agency’s discretion
or renewed by the agency. If you are interested in learning more about
the DREAM Act, deferred action, and how it affects you, a San Jose immigration
attorney from Verma Law Firm can sit down with you to explain. We can
determine whether this is an appropriate avenue for you to get a work permit.
Deferred Action for Young People
The Secretary of Homeland Security Janet Napolitano announced on June 15,
2012 that effective immediately, certain young people who were brought
to the U.S. as young children, do not present a risk to national security
or public safety, and meet several key criteria will be considered for
relief from removal from the country or from entering into removal proceedings.
As a result, those who demonstrate that they meet the criteria will be
eligible to receive deferred action for period of two (2) years, subject
to renewal, and will eligible to apply for work authorization.
Individuals who demonstrate that they meet the following criteria will
be eligible for an exercise of discretion, specifically deferred action,
on a case by case basis:
- Came to the United States under the age of sixteen;
- Have continuously resided in the United States for at least five (5) years
preceding June 15, 2012 and are present in the United States on June 15, 2012;
- Are currently in school, have graduated from high school, have obtained
a general education development certificate, or are honorably discharged
veterans of the Coast Guard or Armed Forces of the United States;
- Have not been convicted of a felony offense, a significant misdemeanor
offense, multiple misdemeanor offenses, or otherwise pose a threat to
national security or public safety;
- Are not above the age of thirty (30).
Only those individuals who can prove through verifiable documentation that
they will meet these criteria will be eligible for deferred action. Individuals
must also complete a background check. Deferred action requests will be
decided on a case-by-case basis. The Department of Homeland Security cannot
guarantee that all such requests will be granted.
If you are interested in requesting deferred action for childhood arrivals,
please contact us at (408) 560-4622 to set up an appointment for
a case consultation.
Deferred Action Process & DACA Articles
The U.S. Citizenship and Immigration Services (USCIS) is developing a process
for these young people to request deferred action and will implement the
process by mid-August. Until USCIS announces how to request deferred action,