Tennessee Attorney Helps You Understand What The Immigration Service Said About the Filing Process for Dream Act Deferred Action Which Begins August 15, 2012!

Tennessee Attorney Helps You Understand What The

Immigration Service Said About the Filing Process for

 Dream Act Deferred Action!

On August 14, 2012, the U.S. Citizenship Immigration Service held a conference call to announce the filing process for Dream Action Deferred Action for Childhood Arrivals (“DACA”) which begins on August 15, 2012.

Alejandro Mayorkas, Director of USCIS explained the process and forms for filing.

“Forms I-821d, I-765 and I-765ws, the filing fee of $465 (includes biometrics) and all required documentation must be filed concurrently, explained Mayorkas.”

Educational requirements guidance and other information was made public today at www.uscis.gov .

USCIS further explained that children in removal (deportation) proceedings may apply if the respondent is under age 15, but that all others must be between the ages of 15-30 to qualify for DACA. Additionally, Mayorkas explained that each applicant must prove: physical presence in the United States from before age 16, proof of graduation from, or enrollment in schools towards a high school diploma or GED (or state equivalency) , no “significant misdemeanors or 3 misdemeanor convictions, no felonies among other criteria.

After initial review of the filing, an appointment will be made to appear at the USCIS ASC office which can be rescheduled. Failure to appear at the initial appointment without rescheduling may result in a denial due to abandonment, Mayorkas stated.

Once a case is approved the USCIS will send a notice of decision and an employment authorization card to the applicant (sent separately).

What is important to remember is that The Dream Act has not been passed and that the DACA could be cancelled by a subsequent administration.

Sean Lewis is a Tennessee Immigration Attorney and member of AILA who may be reached at (866) 892-9264.

Click Now: Call Now: (866) 892-9264 Get Help Understanding What you Need to Know Right Now! Time is Important – What is the Dream Act? Tennessee Attorney Explains

Dream Act: Child Immigrants wonder “What is the Dream Act?” Tennessee Lawyer Helps You Get Through the Task!

What is it that dreamers say about the Dream Act

The Dream Act is a piece of legislation that has NOT been passed by Congress which would legalize the immigration status of young people brought to the United States through no fault of their own. Many of these immigrants have no connection to their place of birth and are by all means “American”.  President Obama has excercised executive authority to choose to focus resources on deporting serious criminals and those who pose a public safety risk, rather than to deport “Dreamers”.

Beginning on August 15, 2012, the USCIS will begin accepting applications for “Deferred Action Status” for Childhood Arrivals (“DACA”). What that means is that if certain people would have qualified for the Deram Act, had that legislation been passed, they can obtain work aurtoization for a period of two-years. This is only a TEMPORARY benefit and is not a path to citizenship.  Deam Act Deferred Action Status might be an option for some who: arrived in the U.S. under age 16, but who were under age 31 as of June 15, 2012; are at least 15 years of age at the time of the application; Were physically in the U.S. on June 15, 2007 and have resided continually in the U.S. since June 15, 2007, have graduated high school, have a GED or are studying to obtain a high school diploma or GED, or have been discharged from the military, do not have three misdemanors (as defined under federal law), do not have any “significant misdemeanors” or felonies.

Sean Lewis is a compassionate attorney who would be honored to help you through the difficult process of filing.  You only have one chance to get it right!  Sean Lewis can help call now at 866-892-9264!

Beginning on August 15, 2012 young people who qualify for the Obama Administration DREAM ACT policy may apply for a two-year reprieve from deportation and get work authorization: but should they see an immigration attorney before deciding to apply in the first place?

For Immediate Release 8/10/12!

By Sean Lewis, Immigration Attorney, Nashville, Tennessee

On June 15, 2012, The Obama Administration announced Deferred Action for Childhood Arrivals (“DACA”) which is available to those who would have qualified for the DREAM Act had that legislation been passed by Congress. The United States Citizenship and Immigration Service (USCIS) will begin accepting applications on August 15. 2012. Deferred Action status is not permanent and does not lead to legal residency or citizenship. Many immigration attorneys warn that DACA could be revoked by a subsequent administration, and remind the public that Mitt Romney stated he would veto the DREAM Act at least twice.

So the question remains: “Should young people who qualify for this temporary reprieve even apply in the first place without speaking to an immigration attorney ?”

Not every applicant will require an immigration lawyer to successfully apply for DACA. However, an immigration attorney is trained to spot the not-so-obvious red flags that could lead to a denial or even deportation. In order to apply for DACA, the applicant is necessarily “coming out of the shadows” and offering sensitive information about themselves and their family members that could potentially be used for deportation purposes.

Aside from a subsequent administration revoking the DACA and initiating deportations if the DREAM Act does not get passed, cases that could be denied include those with applicants that have had brushes with the law. Immigration Law interprets criminal law very differently that one might think. For instance, the immigration definition of a “conviction” includes cases that were expunged or cases that are dismissed after a period of good conduct or taking certain classes of community service. Some state laws are ambiguous as to whether, for instance, one was convicted of “domestic violence” or assault even where no injury took place. Only a qualified immigration attorney that knows the nuanced area of federal immigration definition of crime can assure that an applicant will be denied based on crime.

Applicants that used false names or social security numbers, or even were arrested as juvenile might be denied in the discretion of USCIS. Discretionary decisions, such as denials of a DACA applicant cannot be appealed.

Some applicants may have been deported by an immigration court and not even know about that. Many people are deported by not appearing at a court date they never even knew about, usually following a denial of another immigration application. If a family member went to a “notario publico” and filed anything with false information, a denial and subsequent knock at the door by immigration agents is a real possibility.

While it is true that the basic eligibility requirements of the DACA program are not complex, and that filling the forms out are not a challenge for most applicants, the decision to file in the first place, or to know whether another immigration benefit might be an option should be seriously considered before sending paper work to the immigration service.

Immigration Attorneys who belong to the American Immigration Lawyers Association (www.aila.org), or BIA accredited representatives are qualified to provide competent and trustworthy advice. There are some groups of non-profit agencies who are claiming that lawyers are not needed to apply for DACA, which is a dangerous and self-serving claim. Even Reps. Dick Durbin and Luis Gutierrez blundered by initially advising people not to hire lawyers while also warning that the law is complex. To make matters worse, there are unscrupulous “notarios” or “immigration consultants” who falsely claim to be competent to handle legal matters who will certainly damage the hopes of many applicants, by incorrectly filing applications or who will just steal money from potential Dreamers.

In all cases, the decision to file for this temporary administrative reprieve ought to be an informed decision to be made after consulting with a qualified immigration attorney.