The Obama Administration just announced today that certain undocumented individuals will be eligibile for deferred action. Deferred action is a discretionary agency action to NOT prosecute or deport a particular alien. It cannot be granted by the Immigration Judge – only through an agency District Director. It also permits people granted to obtain a work authorization card (EAD), which will then allow the person to obtain a social security card and valid drivers license.
DHS Secretary Janet Napolitano announced this today along with the following criteria for a successful grant of deferred action:
1. Came to the United States under the age of sixteen and are not above the age of 30;
2. Have continuously resided in the United States for a least five years prior to June 15, 2012
3. Were present in the United States on June 15, 2012, the date of this memorandum;
4. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
5. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
If you are not meeting these criteria above then you will not be eligible. If you do meet these criteria, then the change is effective immediately but it will take the government a couple of months to get a process in place for people to apply. If granted deferred status is for a 2-year period but can renewed indefinitely.
If you need to talk to a Colorado immigration lawyer about deferred action eligibility, whether it is something you want to take advantage of now or after the November election, and what are the consequences if you do apply and are denied, then call Boulder and Denver immigration lawyer Catherine Brown about the deferred action process and stay tuned for more news on this topic!