Yesterday, August 3, 2012, U.S. Citizenship and Immigration Services (USCIS) announced the process for DREAMERs to obtain deferred action and employment authorization, for two (2) years with the possibility of renewal. USCIS will begin to consider requests for deferred action and work authorization from qualifying DREAMERs on August 15, 2012. In order to qualify you must be able demonstrate that you:

  1. Were under 31 years old on June 15, 2012;
  2. Came to the U.S. before you turned 16 years old;
  3. Have continuously resided in the U.S. since June 15, 2007;
  4. Were physically present in the U.S. as of June 15, 2012, up until the time of your request;
  5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  1. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  2. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

On August 15, 2012 USCIS will publish the Forms and instructions for requests of deferred action and employment authorization for DREAMERs. Applications for deferred action will require an $85 biometric fee and applications for work authorization will require a $365 application fee. USCIS has already published extensive FAQs and guidance on the process on their web-site.

As with any application for immigration benefits, it is important that you comply with all instructions, complete the necessary Forms properly and include all required supporting evidence. Failure to complete the application process properly will result in possible delays, rejections, and even denials. If you have questions about whether you qualify as a DREAMER or would like assistance with your application, we can help.

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