Deferred Action

UPDATE- USCIS to begin accepting requests for consideration of deferred action on
August 15, 2012. DACA is still active, contrary to some reports the program has not been discontinued or deactivated based on the recent Supreme Court decision regarding President Obama's executive actions on immigration.

For further information please see the latest USCIS announcement and related links at http://www.uscis.gov/

DACA applicants and DACA approved individuals should review this excellent material on Work Place Rights here, http://www.nilc.org.

Please contact me to schedule a consultation to discuss your potential qualification for Deferred Action and further requirements: ggauthierlaw@ggauthierlaw.com or 707-485-4438

President Obama at last came through with a DREAMer friendly policy memorandum on June 15, 2012, executed by DHS Secretary Janet Napolitano, granting deferred action to undocumented people. Deferred Action is a temporary protection against deportation. If a person qualifies then he/she is eligible to stay and work in the U.S for a period of time. Other benefits include the issuance of a Social Security for work purposes and the ability to obtain a driver's license.

Unfortunately a person who is eligible for Deferred Action is only temporarily protected from deportation and cannot file for permanent residency or naturalization under the rule as proposed.

According to the June 15th policy a person must meet these requirements to be eligible:
(1) Have come to the U.S. under the age of 16;
(2) Have continuously resided in the U.S. for at least five (5) years preceding June 15, 2012, the date the announcement was made;
(3) Currently be in school, have graduated from a U.S. high school, have obtained a G.E.D., or are honorably discharged veterans of the Coast Guard or U.S. armed forces;
(4) Have not been convicted of a felony, a significant public misdemeanor, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and
(5) Not be above the age of 30.

The final rule and procedures for applying for Deferred Action were announced to be finalized within 60 days of the June 15, 2012 policy memo from Secretary Napolitano. Expectations are mounting and a new article speculates the upcoming procedures, fees and announcement date for the new Deferred action program, http://www.ilw.com/articles/2012,0725-Siskind.shtm.

If you believe you might meet the above criteria, please call or email me to set up an appointment to discuss your eligibility and the likely process to apply once the new immigration law is finalized.