Immigration, Work Permits, Perm Visa Program, and Labor Certification: Mario Ramos, Immigration Attorney

It makes no sense to expel talented young people who want to staff our labs, start new businesses, and contribute to our country simply because of the actions of their parents. This is just the 'right thing to do'

President Obama

As of August 15th, we have begun filing cases for Obama’s Deferred Action for Childhood Arrivals.

What is Deferred Action for Childhood Arrivals?

This policy was put into place on June 15th, 2012, and states that immigrants who entered the United States as children are able to apply for a renewable, 2-year stay of removal, and are eligible for work authorization.

What is a childhood arrival for the purposes of this policy?

According to the USCIS (United States Citizenship and Immigration Services) website you may request consideration of deferred action for childhood arrivals if you:

Were under the age of 31 as of June 15, 2012;
Came to the United States before reaching your 16th birthday;
Have continuously resided in the United States since June 15, 2007, up to the present time;
Were physically present in the United States on June 15th, 2012, and at the time of making your request for consideration of deferred action with USCIS;
Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
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
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.

Is There an Age Restriction?

In order to apply you must be:

Less than thirty-one (31) years of age as of June 15, 2012
At least 15 years of age at the time of submitting your application unless you are currently in deportation proceedings or have a final removal or voluntary departure order

Can Someone who has a Deportation Order Apply for Deferred Action?

Yes, so long as the applicant fulfills all of the other requirements for Deferred Action. If you are under 15 years of age, you are only able to apply in the case that you are in removal proceedings.

What if I have a Criminal Record?

Having a criminal record does not disqualify you from applying for deferred action. According to the USCIS website, you are eligible to apply if you 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.

The USCIS website defines a felony, significant misdemeanor, and a non-significant misdemeanor as:

Felony

A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.

A Significant Misdemeanor

is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and:

Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,
If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.

A non-significant Misdemeanor

A crime is considered a non-significant misdemeanor (maximum term of imprisonment is one year or less but greater than five days) if it:

Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; and
Is one for which the individual was sentenced to time in custody of 90 days or less

print out this form and take it to the courthouse where you had your trial.

How do I Get Started?

If you believe you qualify, you can begin the process by printing out and completing the following questionnaire (right-click on the files and choose 'save target as'):

questionnaire and list of required documents(eng.)
Cuestionario y la lista de las cosas que necesita(esp.)

The questionnaire includes a list of all of the documents that we need to be able to complete your case. If you can bring these documents with you, it will allow us to prepare and to send your case more quickly.

How can I get the documents that I need?

here are some useful letters and documents that can be used to get some of the required documentation:

School Records: If you need to get a copy of your school records, take This letter to your school district's headquarters

Police Report Request: If you need a copy of a police report, please take This letter to the police station where you got your ticket

Vehicle Registration Request: If you need a copy of your Vehicle Registration, take This letter to the department of motor vehicles at which you registered the vehicle.

Court Records Request: If you need a certified copy of your court records take This letter to the courthouse at which you were processed.