How To Determine If You Qualify For Deferred Action For Dreamers

By Sue Carpenter


In June 2012, the Obama administration made some significant policy changes as far as immigration is concerned. The most notable policy change has generated plenty of national debate and is know in different circles as Deferred Action for Dreamers. It is a set of policy guidelines that in effect provides certain young immigrants who are still undocumented some form of relief from deportation and provides them with authorization to seek work.

For undocumented immigrants to benefit from the provisions of the government policy, they need to pass a strict eligibility test. To begin with, they must prove that they landed in the US before their sixteenth birthday. Furthermore, they must have been at most 31 years old by June 15th of 2012, and must have lived within the country's borders continuously for at least five years prior to that date.

If the applicant is not currently involved in deportation proceedings, they must be at least 15 years old. Applicants can also be considered as eligible provided that they are currently enrolled in an approved education system such as in elementary school or a federal GED program. There are also provisions for those who have been enrolled and later discharged from military services to be passed as eligible.

If an applicant has a felony conviction of any sort, they need not apply. So too is anyone who has a past conviction for a significant or major misdemeanor as well as those with several misdemeanor convictions passed by a court of law. Applicants must not in any way or form be considered as posing some form of threat to the public. Another requirement is that applicants must have been living in the USA on the day the act was passed and must not have left since that date.

Anyone who applies and is passed as eligible will be guaranteed exemption from deportation for two years. Even then, the applicant needs to note that deferred action is only a discretionary act on the part of the American government. It does not in any way or form amount to permanent lawful status enjoyed by citizens.

Applicants can send such documentation as school reports, military or medical records that show clearly that they have been in the United States for at least five leading up to June 15th of 2012. If there is any gap in such a record that can't otherwise be proven unambiguously, sworn affidavits can be provided as proof. Affidavits can only be accepted if they are from people who have a direct knowledge of your whereabouts in the period in question.

If you have had a conviction that was expunged from the records or had been convicted of a crime as juvenile, there is cause for concern. These may not amount to automatic disqualification but will play a part in the determination of the application. Similarly, if you were ever a member of a criminal gang, this may constitute either national security or public safety threat.

If you are a law abiding but undocumented as an immigrant, there is reason to be hopeful. Deferred Action for Dreamers offers at least temporary reprieve for eligible young people. Check the eligibility criteria to determine if you qualify.




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