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Deferred Action for Childhood Arrivals

Thursday, October 4, 2012

Romney promises to honor President Obama’s grant of work permits to Dreamers but will not renew them

Many clients that I have met with since President Obama passed his policy called Deferred Action for Childhood Arrivals (DACA) were concerned about the possibility of Mitt Romney ending the program were he elected to office.

Well these concerns were recently addressed by the Republican presidential candidate who was quoted in the Denver Post as saying “The people who have received the special visa that the president has put in place, which is a two-year visa, should expect that the visa would continue to be valid.”  However, lest we get too excited Mr. Romney later clarified his statement to the Denver Post stating that although he would honor the exemptions already granted he would not be granting new ones should he take office.
 
It’s important to clarify a major mischaracterization in Mr. Romney’s statement.  DACA does not grant a visa or any lawful status to its recipients.  A visa is a nonimmigrant status that allows foreign nationals to remain in the United States, sometimes work (depending on the visa category) and travel in and out of the country. In contrast DACA simply prevents those granted the request from being placed in removal proceedings.  It also grants a work permit that that allows the person to work in the United States.
 

 


Wednesday, August 15, 2012

File for Deferred Action for Childhood Arrivals Starting Now - BUT Beware of Fraudsters

Today the United States Citizenship and immigration Service (USCIS) published the forms necessary to apply for Deferred Action for Childhood Arrivals.  As such, eligible individuals are now eligible to submit applications to the USCIS starting immediately.

Deferred action is a discretionary determination to postpone removal action of an individual as an act of prosecutorial discretion.  Deferred action does not confer lawful status upon an individual.  In addition, although an alien granted deferred action will no be accuring unlawful presence in the United State during the period deferred action is in effect, deferred action does not absolve individuals of any previous or subsequent periods of unlawful presence.   For more information on Deferred Action for Childhood Arrivals check out our articles 10 Highlights of Obama's New Immigration Policy or Tips on Filing for Deferred Action

Although this is a temporary benefit that does not lead to permanent residence or citizenship, it does provide eligible undocumented persons with comfort knowing that they will not be deported, and that they will be eligible for a work allowing them to work legally.  As such, it is a welcomed policy in the immigrant community.  However, past experience has proven that when a new immigration policy or law comes out, the fraudsters and scam artists, known as "Notarios", follow as well to take advantage of unsuspecting immigrants.  In fact, in its announcement, USCIS has already warned the immigrant community to avoid scams that promise expedited applications or special benefits, and advises immigrants to instead seek the assistance of a licensed attorney or accredited professional.  Specifically, USCIS warns:

Avoiding Scams and Preventing Fraud
 
 
Someone told me if I pay them a fee, they can expedite my deferred action for childhood arrivals request, is this true?
No. There is no expedited processing for deferred action. Dishonest practitioners may promise to provide you with faster services if you pay them a fee. These people are trying to scam you and take your money. Visit our Avoid Scams page to learn how you can protect yourself from immigration scams.
 
Make sure you seek information about requests for consideration of deferred action for childhood arrivals from official government sources such as USCIS or the Department of Homeland Security. If you are seeking legal advice, visit our Find Legal Services page to learn how to choose a licensed attorney or accredited representative.

As such, it is very important that before you pay anyone to prepare your paperwork that you verify their professional credentials.  To see if you qualify for Deferred Action for Childhood Arrivals visit www.uscis.gov or call our office today for a free consulation.




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