The Dream just began..!


Last month, the Department of Homeland Security officially released the forms to request deferred action that may be filed by undocumented immigrants who arrived in the country as children and meet various other requirements. Applicants may mail their requests to the U.S. Citizenship and Immigration Services (USCIS), an agency within the Department of Homeland Security (DHS).

Undocumented immigrants brought to the country as children may officially submit requests for deferred action, a form of prosecutorial discretion that protects recipients from deportation and allows them to work legally in the United States for up to two years.

The new program is officially called Deferred Action for Childhood Arrivals (DACA). Don’t Get Scammed! Don’t Risk Deportation!!! My office can help you apply!

Those eligible for DACA may now file for this form of relief. DACA is not amnesty, is not legal status, it is not a path to citizenship. DACA allows eligible applicants to obtain a worker permit and not be deported.       

Be an informed consumer – Don’t go to a notario or “immigration consultant”! You should only trust information from a reliable source, such as an official government website or an immigration attorney before requesting deferred action.

Eligibility: An individual who meets the following criteria may apply for deferred action 

  1. Was under the age of 31 as of June 15, 2012;       
  2. Came to the U.S. before reaching his/her 16th birthday;  
  3. Has continuously resided in the U.S. since June 15, 2007, up to the present time; 
  4. Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
  5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;  
  6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
  7. Has not been convicted of a felony, a “significant misdemeanor”, three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;

Requests for deferred action will be reviewed on a case-by-case basis, and not every young immigrant will qualify. Individuals who are found to be ineligible due to criminal history, fraud in the application, or because they represent a danger to the community may be subject to removal or other immigration enforcement action. DHS considers many misdemeanor convictions to be “significant misdemeanors,” including driving under the influence (DUI), regardless of any sentence imposed. If you have ever been arrested by the police, CALL ME immediately before applying for deferred action.

Immigrants wishing to request deferred action on their own must submit three forms:

  • Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
  • Form I-765, Application for Employment Authorization; and
  • Form I-765WS, Form I-765 Worksheet.

When completing the forms, applicants will want to consult the detailed instructions for both Forms I-821D and I-765. In addition, applicants wanting to be notified by e-mail or text message that their forms have been accepted should also submit Form G-1145, E-Notification of Application/Petitioner Acceptance.

As detailed in the instructions, applicants must submit $465 in fees as well as documentation demonstrating that they satisfy the eligibility requirements.

You should keep in mind that this article is not intended to provide you with legal advice; it is intended only to provide guidance about the new deferred action program. Furthermore, the article is not intended to explain or identify all potential issues that may arise in a deferred action application or an immigration case. Each case is fact-specific and therefore similar cases may have different outcomes.

I can prepare your application as I practice immigration law. If you have any questions or concerns about the application process or any immigration issue, you can call me at (315) 422-5673, send me a fax at (315) 466-5673, or e-mail me at The Law Office of Jose Perez is located at 120 East Washington Street, Suite 925, Syracuse, New York 13202. Please look for my next article in the October edition.

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