If I obtain Deferred Action and a work permit, how long with my Deferred Action and work permit be valid?
It is anticipated that the Deferred Action period and work permit validity period will last for two years, with the option to extend.
I believe I’m eligible and I want to apply for Deferred Action and a work permit. What should I do now?
Please provide us with your contact information so that we can keep you up to date regarding how and when you can apply for Deferred Action and a work permit.
The application process has started effective August 15, 2012 and the application are being accepted bu the USCIS. Please have all the information needed, ready and we can help you in filing your case.
The filing has started, August 15, 2012. Deferred Action/work permit application program requires you to complete one form to apply for Deferred Action and one form to apply for a work permit. The paper applications are to be filed with the USCIS.
How much will I have to pay in government fees to apply for Deferred Action and a work permit?
You’ll be required to pay a total of $465 as the which includes Deferred Action fee ($00), a work permit fee ($380), and a biometrics fee ($85).
If I’m granted Deferred Action, will I be able to obtain a social security number?
Yes. After you’ve been granted Deferred Action, you will need to apply for a social security number at your local Social Security Office. The government will not automatically issue you a social security number with your Deferred Action status or work permit.
If I’m granted Deferred Action, will I be able to travel outside the United States?
USCIS will not provide DREAMers with the option to apply for documentation that permits international travel and subsequent return to the United States. However, in emergency cases USCIS will take the decision on a case to case basis.
If I’m granted Deferred Action, will I be able to obtain a driver’s license?
This depends on your state. You can call your state’s department of motor vehicles or visit its website to see what documents they require.
If I am granted Deferred Action, can my family members obtain Deferred Action and a work permit too?
Each person must qualify for Deferred Action and a work permit on his/her own merits. The parent, brother/sister, child, etc. of a person granted Deferred Action and a work permit cannot also receive Deferred Action and a work permit unless he/she qualifies and applies.
Are my relatives who are undocumented and not eligible for Deferred Action in any danger of deportation if I apply for Deferred Action?
From what we know, we do not believe that relatives are at greater risk of deportation if a family member applies for Deferred Action.
If I apply for Deferred Action and I’m denied, will I be placed in removal proceedings?
For individuals whose requests for Deferred Action are denied by USCIS, USCIS will apply its existing policy regarding its referral of cases to Immigration and Customs Enforcement (ICE). Under this policy, individuals whose requests are denied under this process could be referred to ICE for removal if they have a criminal conviction or if there is a finding of fraud in their request.
What do background checks involve?
In order to receive Deferred Action and a work permit, we believe USCIS will require you to attend an appointment at your local USCIS office for a USCIS officer to take your picture and fingerprints for a background check. USCIS will check an individual’s biographic and biometric information against a variety of databases maintained by the Department of Homeland Security (DHS) and other federal government agencies.
The Deferred Action eligibility requirements state that to apply I cannot have been convicted of a significant misdemeanor offense. What offenses qualify as a “significant misdemeanor”?
A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.
The Deferred Action eligibility requirements state that to apply I cannot have been convicted of multiple misdemeanors. How many non-significant misdemeanors are considered “multiple misdemeanors”?
Three or more non-significant misdemeanors that did not occur on the same day and did not arise out of the same act, omission, or scheme of misconduct are considered multiple misdemeanors.
The Deferred Action eligibility requirements state that to apply I cannot “pose a threat to national security or public safety.” What does this mean?
The statement “pose a threat to national security or public safety” is broad. USCIS stated that examples of an individual that poses such a threat are: someone who has belonged to a gang or someone who has participated in criminal activities.
Does it matter if I’ve used a fake paper/social security number?
As long as you have not been charged with or convicted of fraud, it shouldn’t matter that you have used a fake paper/social security number, papers that didn’t belong to you, or a made up number.
II’ve heard of the DREAM Act in the past. How is the Deferred Action policy different from the DREAM Act?
The Deferred Action policy for DREAMers is a temporary solution.
The Department of Homeland Security (DHS) created the Deferred Action policy. DHS is one of the agencies within the federal government’s executive branch. DHS has the power to make certain decisions about the enforcement of immigration laws. However, the executive branch does not have the power to create a path to permanent resident status and/or citizenship. Only Congress, through its legislative authority, can create a path to permanent resident status and/or citizenship. The DREAM Act is proposed legislation that must be passed by Congress to become law.
Can a new president or Congress end the Deferred Action program?
It is possible that Congress or a new president could end the Deferred Action program for DREAMers. However, we believe the Deferred Action program will not end in the near future unless it is replaced by the DREAM Act or another immigration reform law. Presidential candidate Mitt Romney has not rejected the program. He has said he would replace it with a permanent law, but has not given specific details about his proposals.
- Must be 15 years old or older to apply (except for persons applying while under a final order of removal)
- Was under 31 years old on June 15, 2012;
- Came to the United States under the age of 16;
- Has continuously resided in the United States for at least five years before June 15, 2012, and was physically present in the United States on June 15, 2012;
- Is currently attending school, has graduated from high school, has obtained a G.E.D. certificate, or is an honorably discharged veteran of the U.S. Armed Forces or Coast Guard;
- Has not been convicted of a felony offense, significant misdemeanor offense, multiple misdemeanor offenses, nor otherwise poses a threat to the community or national security.