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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, please visit:

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