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Frequently Asked Questions about Deferred Action

What is deferred action for DREAMers?

Deferred action for DREAMers allows a person to remain in the United States for a certain length of time.

Will deferred action for DREAMers grant me amnesty?

No, deferred action for DREAMers is not amnesty. If you are eligible for deferred action you are only temporarily protected from removal. Deferred action for DREAMers will not allow you to apply for permanent residency or naturalization.

Am I eligible for deferred action for DREAMers?

If you are an individual who entered the United States without authorization, you may qualify for deferred action for DREAMers so long as you meet all of the following criteria:

  1. You must have entered the United States while under age the age of sixteen;
  2. You must have continuously lived in the United States since June 15, 2007, and were present in the United States on June 15, 2012;
  3. You must be 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;
  4. You must not have a felony conviction, a significant misdemeanor conviction, multiple misdemeanor convictions, or otherwise pose a threat to national security or public safety;
  5. You must not be above thirty years of age.
How long does deferred action for DREAMers protection last?

If you are granted deferred action for DREAMers, it will last for two years. You can renew your deferred action for DREAMers and free two years if you still qualify, provided that the presidential administration still has a policy in place.

If I am granted deferred action for DREAMers, will I be able to work in the United States?

Yes, if you are granted deferred action for DREAMers, you also obtain work authorization, which is renewable every two years, provided that the presidential administration still has a policy in place.

When I apply for deferred action for DREAMers, will I get a background check?

Yes, everyone applies for deferred action for DREAMers will get a background check. Your bio graphic and biometric data will be checked against a variety of databases maintained by the Department of Homeland security and other agencies.

What should I do to prepare my application?

First, you should start gathering as much documentation as practicable to establish your eligibility. Second, you should get legal advice and help filing your application by hiring an attorney. Do not rely on advice from non-attorneys or you may risk dire consequences.

What type of documents do I need?

Documents may include birth certificate, passport, ID card, School records, criminal records, as well as several other documents. Contact an attorney to be sure you have the right documents.

If I qualify for deferred action for DREAMers will my dependence in immediate relatives be included?

No, each applicant for deferred action and application on their own. If you obtain deferred action, you may not extend it to anyone else. Each person who applies must qualify on his or her own.

Yes I am granted deferred action for DREAMers, will I be able to get a driver’s license?

The answer to this question depends upon which state you live in because states may treat this issue differently. While some states a grant you a driver’s license, others may not.

Will I be able to qualify for in-state tuition for colleges and universities?

Answer this question depends upon which state you live in. There are several states that would allow you to pay in-state tuition regardless of their immigration status. Others may not.

What if I am already in removal proceedings, can I still qualify for deferred action for DREAMers?

According to Immigration & Customs Enforcement (ICE) if you are already in removal proceedings, and ICE has already identified you as a person who meets the eligibility requirements, ICE will offer you deferred action for DREAMers immediately.

What if I have a final order of removal?

If you are eligible, then you can apply for and receive deferred action for DREAMers even if you have a final order of removal from the United States.

If you have questions about the new deferred action for DREAMers 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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