Theodore Huang, Immigration & SSD Lawyer

The USCIS has been issuing approvals for Deferred Action for Childhood Arrivals applicants. This is exciting news and a huge relief for undocumented young people who have spent their lives living underground. While it’s not amnesty nor does it lead to a green card, successful DACA recipients will not be placed in deportation proceedings and can receive work authorization.

If you are interested in applying for deferred action, please contact me.

I will be holding a free workshop on Deferred Action on Wednesday, July 18, 2012 at 5:30pm in Walnut, CA. We will talk about the policy and what is available for potential applicants. We’ll also go over eligibility requirements and timing issues.

If you are in the Los Angeles area and would like to attend, please call us at 626-771-1078. Pre-registration is required as spots are limited. Call now!

American Immigration Lawyers Association offers the following important notice regarding President Obama’s recent announcement of deferred action for certain individuals:

Don’t get scammed!  The government will inform the public how to apply, within 60 days or by August 13, 2012.  Until then, you CANNOT apply for deferred action. You should NOT “turn yourself in” to start the process. 

However, you CAN begin gathering the documents that you will need to apply for deferred action:

1) Documents, such as a birth certificate or passport, showing age on June 15, 2012;

2) Financial records, medical records, school records, employment records, and military records that demonstrate an individual came to the U.S. before the age of 16, AND resided in the U.S. for at least five years preceding June 15, 2012 AND was physically present in the U.S. as of June 15, 2012;

3) School records, including diplomas, GED certificates, report cards, school transcripts and other evidence of enrollment, or documentation as an honorably discharged veteran of the U.S. Armed Forces or Coast Guard.

No. It important that people are aware that his is not an amnesty program, and it will not automatically lead to a green card, a granting of permanent residency. A grant of deferred action is a form of prosecutorial discretion that does not confer a path to citizenship or lawful permanent resident status. Only the Congress, acting through its legislative authority, can confer these rights.

Pursuant to existing regulations, individuals who receive deferred action may apply for and may obtain a work permit (employment authorization) from USCIS provided they can demonstrate an economic necessity for their employment.

Individuals who are not in removal proceedings or who are subject to a final order of removal will need to submit a request for a review of their case and supporting evidence to USCIS.

Individuals may request deferred action if they meet the eligibility criteria.

In the coming weeks, USCIS will outline and announce the procedures by which individuals can engage in this process. This process is not yet in effect and requests should not be submitted at this time.

Bookmark this blog to stay current on new developments on this important issue as they arise.

June 16, 2012

President Obama yesterday, made an announcement making deferred action available for certain young who are subject to removal (deportation).

Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an alien granted deferred action will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not absolve individuals of any previous or subsequent periods of unlawful presence.

Under existing regulations, an individual who has been granted deferred action is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.

Effective immediately, certain young people who were brought to the United States through no fault of their own as young children and meet several key criteria will no longer be removed from the country or entered into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal.

Eligible individuals must:

• came to the United States under the age of sixteen;
• has continuously resided in the United States for a least five years preceding the date of this memorandum and is present in the United States on the date of this memorandum;
• is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
• has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and
• is not above the age of thirty.

Yesterday, President Obama announced indefinite postponement of removal for certain immigrants who were brought into the USA as minors. Affected individuals must also meet other specific requirements.

More to come as we digest this new development.