Posts Tagged ‘DREAM act’

Deferred Action for Childhood Arrivals – Continuous Residence

August 23, 2012 Leave a comment

One of the criteria to qualify for deferred action as a childhood arrival is continuous residence. Continuous residence will not be considered interrupted is one’s absence is “brief, casual, and innocent.

According to USCIS guidelines, absence will be considered brief, casual, and innocent if it was before August 15, 2012, and:

  1. The absence was short and reasonably calculated to accomplish the purpose for the absence;
  2. The absence was not because of an order of exclusion, deportation, or removal;
  3. The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and
  4. The purpose of the absence and/or your actions while outside the United States were not contrary to law.

Deferred Action for Childhood Arrivals – Application Forms

August 17, 2012 Leave a comment

To apply for consideration for deferred action under the new policy, one must submit the following forms along with evidence supporting the applicant’s application.

1. Form I-821D, Consideration of Deferred Action for Childhood Arrivals;

2. Form I-765, Application for Employment Authorization; and

3. Form I-765WS, Form I-765 Worksheet

Deferred Action for Childhood Arrival – FAQ

August 16, 2012 Leave a comment

Who can apply for consideration for deferred action?

To qualify for consideration, one must meet the seven (7) criteria. The criteria are listed here.

When can application be submitted?

Application for consideration can be submitted starting Aug. 15, 2012.

What is the filing fee?

The filing fee as of Aug. 16, 2012 is $465.

Do I get a greencard if my application is granted?

No. If application is granted, applicant will be offered deferred action, which means that applicant will not be deported for two years. The applicant will also be able to work legally in the US. Applicant may renew this status at the end of the two year period.

Will I be place in removal proceeding if my application is rejected?

According to USCIS brochure, if your case does not involve a criminal offense, fraud, or a threat to national security or public safety, your case will not be referred to ICE for purposes of removal proceedings except if DHS determines there are exceptional circumstances.

Who Can Apply for Deferred Action for Childhood Arrivals

August 16, 2012 12 comments

To qualify for consideration for deferred action for childhood arrival, one must meet the following criteria:

1. Born after June 15, 1981;
2. Arrived in the United States before the age of 16;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were present in the United States on June 15, 2012;
5. Entered without inspection before June 15, 2012 or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, graduated or received a certificate of completion from high school, obtained a general educational development certificate (GED), or that you are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces; and
7. Are at least 15 years of age at the time of filing, if you have never been in removal proceedings or if your case was terminated before your request.

Prioritizing Deportation Proceedings

August 29, 2011 1 comment

On Aug. 18th, 2011, the Department of Homeland Security announce that it will prioritize its efforts to deport illegal immigrants, focusing on immigrants who “pose a threat” over others. This announcement is an effort to prevent low-priority” cases from clogging the system by focusing on deporting illegal immigrants who have committed crimes. The side-effect of this directive is that illegal immigrants who are considered “low-threat” can at least temporarily stay in the US without facing deportation. Cecilia Munoz, White House director of intergovernmental affairs, clarifies that low priority individuals includes “”individuals such as young people who were brought to this country as small children, and who know no other home,” as well as “individuals such as military veterans and the spouses of active-duty military personnel.”

The difference between this directive and the DREAM act is that under the DREAM act, certain individuals will receive permanent resident status after completing the specific criteria.  Under this directive, the illegal immigrants does not receive permanent resident status and is not granted amnesty. This directive merely prolong their ability to stay in the US illegally until further change in law or until change in immigration directive.

The Case of Jessica Cototl

May 4, 2011 Leave a comment

Jessica Cototl, a student at Kennesaw State University, was in danger of being removed from US a week from her graduation. Ms. Cototl was born in Mexico and entered the US illegally when she was 11. In March 2010, she was stopped by police for traffic violation and could not produce US diver license. Soon after, she was arrested and turned over to immigration officials. According to, in May of 2011,  ICE (immigration and custom enforcement) has allowed her to stay in US until her graduation. However, even with this decision, Ms. Cototl will have to leave US when her one year extension is up.

The purpose of the DREAM ACT was to create a new pathway for citizenship for children who were illegally entered into the US before the age 0f 16. The blocking of the act in Senate in Dec. 2010 denied immigrants such as Jessica Cototl a pathway to become US citizen and stay in the US.   The proposed act was:

Six-year conditional status will be granted to immigrants who (1) entered the US illegally as  children under the age of 16, (2) have lived in US for at least five years, (3) obtained a high school or General Education Development diploma and (4) demonstrated “good moral character.
To apply for permanent residency (green card), the immigrant would need either: (1) attend  college or (2) serve in the military for at least two years and pass criminal background checks.

“Stapling a green card to a diploma would be a very smart thing to do”

May 3, 2011 Leave a comment

Mayor Bloomberg, mayor of NYC, recently made the comment, “Stapling a green card to a diploma would be a very smart thing to do”. He also said that immigrants contribute about $200 billion to New York City’s economy each year and that immigrants comprise more than 30 percent of the city’s professional and managerial work force.

Recognizing the impact immigrants have on US economy is nothing new. This fact is argued by the American Immigration Council (“AIC”) and American Immigration Lawyer Association (“AILA”) in their support of Mr. Badrawi in April 2011.  However, more support is needed for real immigration reform (such as DREAM Act  which was blocked in Dec. 2010) to be passed.

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