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On Friday, June 15, 2012, Secretary of Homeland Security Janet Napolitano issued a Memorandum in which she established the policy to receive relief from deportation or from the initiation of deportation proceedings for those young people who demonstrate that they meet the requirements for Deferred Action. These young people may apply for Deferred Action for a period of two years, renewable in two-year increments. This process includes the possibility of applying for employment authorization.

Although it is an advantage for our young people who qualify for this Deferred Action, we must be clear about what is involved so as not to be fooled by unscrupulous people who may be taking advantage of these changes and misinform about them. This policy is not the so-called Dream Act, a bill that failed to see the light of day in December of last year. The Dream Act was designed to be a pathway for a subsequent regularization of immigration status with the attainment of residency and citizenship. It is necessary and imperative to continue to advocate for the enactment of the Dream Act.

In the meantime, it is reassuring to know that our young people will not be deported. It is good to emphasize that U.S. immigration law has not been changed, that this process is a policy change in the application of existing law, and that it is not a form of amnesty, it is not a form of immunity, it is not permanent, it is not a path to residency, and it is not a legal status. Through this process, Immigration agencies will be asked to exercise their discretion on a case-by-case basis and issue this action to defer a possible deportation, generating an employment card for the individual.

This Deferred Action process includes youth who demonstrate that they meet certain criteria established by the Napolitano Memorandum.

  1. He entered the United States under 16 years of age;
  2. Has resided continuously in the United States for at least 5 years prior to June 15, 2012;
  3. Be physically present in the United States as of June 15, 2012;
  4. Are currently attending school, or have graduated from high school, have earned a general education development certificate, or is a veteran who has been honorably discharged from the Coast Guard or U.S. Armed Forces;
  5. Not have been convicted of a felony, significant misdemeanor, multiple misdemeanors or pose a threat to national security or public safety;
  6. Not to be older than 30 years of age.

USCIS and ICE are expected to implement what is necessary to carry out these processes within 60 days. In the meantime, it is necessary to prepare all the documentation that will help us to prove the above criteria.

We will keep you informed on the development of these processes. Please do not take any action without consulting with an immigration ATTORNEY. These processes are very complicated and require a great deal of understanding and comprehension of the legal norms in force.

¡mucho cuidado!

Cuídese de los notarios, consultores en inmigración o cualquier persona no calificada y preparada en estos temas. Siempre busque la asesoría y los servicios de un abogado de inmigración para sus procesos y trámites migratorios.