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Deferred Action for DREAMers: Gathering Documents for Your Application

Secretary of Homeland Security Janet Napolitano announced on June 15, 2012, that the DHS has a new official policy to grant relief from removal and work authorization to certain undocumented immigrants. This new policy is known as prosecutorial discretion or the DREAMer deferred action program. If you have questions about the new DREAMer program, the attorneys at The Law Firm of Shihab & Associates, Co., LPA have decades of combined experience in immigration law. Contact us for a consultation.

There are several criteria that you must meet in order to qualify for relief under the new DREAMer Deferred Action program. It is important to begin gathering documentation as soon as possible so that you can make your application early. It is estimated that over one million people will apply for the DREAMer program, with only 1,000 immigration officers available to process these applications. This means each officer could be given one thousand cases to process. Therefore, it would be wise to make your application sooner rather than later to get in ahead of the backlog.

What documents should I gather for my application?

One of the criteria you must prove is that you entered the United States while under age the age of sixteen, you have continuously lived in the United States from June 15, 2007 to the present, and you were present in the United States on that date. Documents that would help you establish this include complete school records, medical records, financial records, employment records, tax returns, military records, any other records with your U.S. address and relevant dates showing you resided in the U.S., and declarations from people who can support your case.

Another criterion is that you must prove you are currently in school, graduated from high school, obtained a GED certificate, or have an honorable discharge of the U.S. Coast Guard or Armed Forces. This can be proven by records that include a diploma, GED certificate, report cards, school transcripts, and military records.

You must also prove you were under age 31 on June 15, 2012 and prove your identity. Helpful documents include a certified copy of your birth certificate or photocopy if a certified copy is unavailable, valid or expired passport, valid or expired consular ID card, valid or expired school ID, government-issued photo ID documents, and any other photo ID.

You must prove you do not have a felony conviction, a significant misdemeanor conviction, multiple misdemeanor convictions, or otherwise pose a threat to national security or public safety. If you have a clean criminal record, you may obtain a record check from the Sheriff's office or criminal court in the county in which you reside showing that you have never been arrested or proof that no charges were filed against you. Even if you don't have a totally clean criminal record, a minor misdemeanor conviction should not disqualify you. If you have questions about the new DREAMer program, please contact our immigration attorneys or call The Law Firm of Shihab & Associates, Co., LPA at the nearest office close to you to consult with an attorney.

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