Buffalo, NY, DREAM Act Lawyer
Eligibility for DREAM Act
According to the Secretary’s June 15, 2012, memorandum, you must meet the following requirements to be eligible for the DREAM Act:
- You need to have come into the United States before you turned 16;
- You have to have had a continuous residency here in the United States for at least five years prior to June 15, 2012, and you need to have been in the United States on that date, as well;
- Further, you have to be attending school or have graduated from high school or have a GED. You may also have been honorably discharged from the Coast Guard or Armed Forces of the US;
- You may not have had any convictions for felony offenses or serious misdemeanors (repeat offenses) that would put you it the category of public safety threats;
- You cannot be older than 30; and,
- You have to be able to go through a background check.
Defining Deferred Action
Deferred action is a 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.
How This Process Works
If you are not already in removal proceedings or have been given a final order of removal, then you will have to put in a request for your case to be reviewed and will have to provide the U.S. Citizenship and Immigration Services (USCIS) with evidentiary support. You can try to get deferred action if you meet the criteria for eligibility. You can always reach out to our Buffalo, NY, DREAM Act lawyer to find out the most current information about the process. ICE and USCIS have hotlines for you to gain access to current information as well. If you do meet the criteria for deferred action and it is granted to you by ICE, you will have two years of deferred action against you from the DREAM Act and you can renew this. Give our office a call to learn more about the process. We have successfully helped people take advantage of the rights given to them by the DREAM Act and we hope to lend our services to others in want of a smoother and less stressful experience.
Are Beneficiaries Given Permanent Residency?
You might be wondering: If you successfully go through deferred action, does that mean you are going to end up with permanent residency? Unfortunately, you do not get permanent lawful status because of the DREAM Act. This is not the way to go about getting that. Only Congress can authorize you to have legal permanent residency.
Order of Removals
If you are facing a final order of removal but you know that you can show that you meet the criteria that make you eligible, you can try to have a review of your case in order for you to receive deferred action for up to two years that can be renewed. This is going to vary from person to person and no two cases will be the same, so please expect there to be some sort of discretion involved in the outcome. Our Buffalo, NY, DREAM Act lawyer can help you determine what the right move is based on updates to the proceedings as they are prone to change. You can reach out to us or the USCIS for more information as well.
How Long Does a Decision Take?
While we do everything that we can to move your case along, we also know that at the end of the day, it is up to the USCIS on how long they decide whether or not you meet the requirements. If you are afraid that you are going to be removed, you need to know that you can show that you meet the requirements and that you have a right to call the hotline for the Law Enforcement Support Center and/or ICE Office or the Public Advocate. We understand that removal is a scary thought and you already know that you need to act urgently. Our Buffalo, NY, DREAM Act lawyer is here to help with urgency and proficiency that you need in order to have the results and peace of mind that you desire.
Going through Removal if You are Caught by ICE
DREAM Act is designed to mitigate the amount of cases that ICE prioritizes. If you are eligible for the process, then you are most likely not going to have to go through removal proceedings. ICE should not be apprehending you if they find out that you meet the criteria. And if you do end up in a detention center and/or facing removal proceedings and you believe this is in violation of the policy, then you need to get in touch with people who can help you. Our Buffalo, NY, DREAM Act lawyer can guide you to the resources you need, including the Law Enforcement Support Center hotline or the ICE Office of the Public Advocate hotline.
National Security and Public Safety Threats
If, during your background check and other ways of investigating you, is it found that you are risk to national security or are a public safety threat, then you are going to be determined to be ineligible for prosecutorial discretion. Things that might get you listed as a threat include being involved in a gang or having been found guilty of crimes that would make you a threat the citizens of the United States.
June 2011 Prosecutorial Discretion Memoranda
If you are facing a final order of removal and the USCIS thinks that you do not meet the eligible criteria, then your request for deferred action will be rejected. You then may be able to try to exercise your rights given by the ICE June 2011 Prosecutorial Discretion Memoranda. This happens through an ICE office of the Public Advocate. If you are going through removal proceedings already and the ICE thinks that you are not going to meet the eligibility criteria for deferred action through these processes, then they will determine whether or not you are going to be eligible for prosecutorial discretion under the Memoranda. If you have questions about this, please reach out to our Buffalo, NY, DREAM Act lawyer sooner rather than later.
Keep Updated About the Process
If you want to learn more about the DREAM Act process and any updates that it has gone through, we encourage you to look at www.ice.gov or www.uscis.gove or www.dhs.gov for updated information. You may also be able to reach out to ICE’s or USCIS’s hotline if you have a question or concern during business hours. They can provide you with updated information on the process.
Call Our Buffalo, NY, DREAM Act Lawyer Today
When you are in need of someone to help you with your case, please reach out to our Buffalo, NY, DREAM Act lawyer right away and we can guide you through your immigration matters. Let us help you earn deferred action through the DREAM Act.
