NEW DEFERRED ACTION UPDATE – POTENTIAL FRAUD WARNING – DON’T APPLY YET


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The Administration is not yet accepting applications for the new deferred action program for young people without valid immigration status. Within sixty days – by the middle of August – we expect to receive guidance and information about how eligible individuals can request deferred action and work authorization.

If you are not in removal (deportation) proceedings, DO NOT apply for deferred action at this time. This new law may open the door for fraud and deception by so-called “Notarios.” Notarios have no legal background and cannot act as a qualified attorney. Anyone claiming they can submit an application or charging a fee for applying for deferred action should NOT be trusted until the application procedure has been announced by the federal government. An immigrant’s case can be delayed by notarios acting in bad faith, resulting in penalties and even deportation.

The deferred action offer will be available to those in deportation proceedings,  and those with final removal orders, as well as to those who apply who are not yet known to immigration. The latter is often referred to as filing “affirmatively”. Stay tuned for more updates.

To qualify, an individual must:

  • Be 15-30 years old, and have entered before age 16;
  • Have been present in the U.S. for 5 years as of June 15, 2012;
  • Have maintained continuous residence;
  • Have not been convicted of a felony, a significant misdemeanor or multiple minor misdemeanors;
  • Be currently in school, graduated or have a GED, or be an honorably discharged veteran.

For more information, visit www.uscis.gov and www.aila.org/dream. You can also visit www.ailalawyer.com to locate a qualified immigration attorney in your area or visit  http://www.aila.org/content/default.aspx?bc=1188|1220

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