As a Hartford immigration lawyer, one of the best parts of the practice is students and other young adults who have lived most of their lives in the U.S. successfully complete the steps involved in obtaining deferred action for childhood arrivals, which provides many benefits including employment authorization.
In 2012, the Obama Administration adopted a policy to give certain rights to illegal immigrants who came to the United States as children. This policy, officially known as Deferred Action for Childhood Arrivals ("DACA"), and also called the “Dream Act” or Obama’s Immigration Plan, gives two main benefits to immigrants who qualify: protection from deportation and the ability to get a work permit (Application for Employment Authorization, Form I-765). You may also be able to get a Social Security card, a driver's license, and in-state rates at state and other public colleges.
Although sometimes called the Dream Act, this policy to protect certain illegal immigrants is actually not an act or a new law. Instead, the President has used his powers of executive action, which allow him to decide how to put into effect the immigration laws passed by Congress. Deferred action essentially means that the federal government under President Obama is choosing not to pursue deportation against illegal immigrants who entered the U.S. as children by establishing a formal policy that provides relief from the threat of deportation for a two-year, renewable period of time. Deferred action does not make an illegal immigrant legal, does not provide legal residency (a "green card"), and does not lead to American citizenship ("naturalization").
In November 2014, President Obama expanded DACA. However, a lawsuit brought by a number of states has blocked the expansion. The case probably will not be finally decided until it reaches the U.S. Supreme Court and a decision is issued, possibly in 2016. For now, immigrants applying for DACA must meet the requirements established in 2012.
Qualifying for DACA is not automatic and you cannot appeal if you are denied. Filing with the help of an experienced immigration lawyer will give you the best chance to obtain the benefits available to those immigrants who are approved for deferred action. You may apply for DACA if you meet the conditions set forth below.
Los servicios de inmigración en el Serrano Law Firm incluyen ayudar a los inmigrantes que llegaron a Estados Unidos ilegalmente cuando eran niños califican para el Plan de Inmigración de Obama (Acción Diferida o el Dream Act). Los inmigrantes que califican pueden ser protegidos de la deportación y obtener el derecho a trabajar legalmente en los EE.UU. Llámenos para ver si puede beneficiarse de este cambio en la ley de inmigración.
In 2014, President Obama issued executive orders to expand his immigration plan. These orders have been blocked by a court case brought by Texas and other states. The orders would have eliminated the requirement under the Deferred Action for Childhood Arrivals (DACA) program that applicants be under age 21 and would have extended the renewal period from two to three years.
The executive orders also would have established a program called Deferred Action for Parental Accountability (DAPA) that would have given protection from deportation to illegal immigrants who have children who are U.S. citizens. Immigrants who qualified under DAPA also would have been able to apply for work permits (Application for Employment Authorization, Form I-765).
The states that are fighting Obama’s immigration plan brought the case in federal court in Brownsville, Texas, a city on the Mexican border, knowing that the judge had a very unfavorable view toward immigrants who crossed the border illegally. After the judge ruled against Obama’s immigration plan, the president’s legal team appealed to the 5th Circuit Court of Appeals for an injunction to block the judge’s ruling. The injunction was denied 2-1 and the same appellate justices who ruled against the injunction have been appointed to hear the full appeal by Obama’s legal team against the judge’s ruling.
It thus appears that the Circuit Court will rule against Obama’s immigration plan and that the case will then go to the U.S. Supreme Court and probably be decided sometime in 2016.
The following list sets out the documents that you can use to show you are eligible to apply for deferred action for childhood arrivals under Obama's Immigration Plan.
Under the 2012 Obama Immigration Plan that is in effect, deferred action status lasts for two years. (The 2014 plan that is tied up in the courts would extend the status to three years.) It is necessary to file an application every two years to extend deferred action status.
If you are still in school at the time of your renewal application, you must prove that they are making substantial progress toward graduating from school. If you were in school when you first applied for deferred action, you must show that you graduated or obtained your GED certificate.