What is the DREAM Act?
The application process for deferred action (Dream Act Application) is 10 pages of confusing legal jargon. For any questions or more clarification about the process, please fill out the form to the right or call us at (858) 367-5323 to speak with a Dream Act Lawyer or immigration attorney today.
The Development, Relief, and Education for Alien Minors Act, also known as the Dream Act, is a legislative proposal that would provide permanent residency to certain illegal immigrants. This Dream Act proposal was first introduced in the Senate, on August 1, 2001 by Dick Durbin and Orrin Hatch. With this proposal, there are specific standards as to which illegal immigrants are eligible to be a part of this Dream Act proposal. There are certain specifications that apply to unique situtations, although here are some of the general requirements to apply for the Dream Act.
Immigrants are eligible to apply for the Dream Act if:
• They have no valid immigration status • Came to the United States before the age of 16
• Were 30 years old or younger before June 15, 2012
• Have been residing in the United States since June 15, 2007
• Have not been convicted of specified criminal offenses or has posed a threat to public safety
• Are enrolled in school on the date the application is filed
• Have graduated from high school or has earned a GED
• Has served in the military
Applicants are only considered for immigrants who are 15 years or older, unless they are in the process of removal proceedings, have a final order of removal, or voluntary departure. Beginning on August 15, 2012, those immigrants who meet the qualifications to apply can submit a form to the U.S. Citizenship and Immigration Services. There will be an application fee for submitting this deferred action application itself. Included in this process will be an $85 biometrics fee which is associated with a background check. In addition, applicants who want a work permit will have to pay the standard fee of $380 to obtain an Employment Authorization Document (EAD).
Don’t Be Denied! Fill out the form to the right or call us at (858) 367-5323 to speak with a Dream Act Lawyer today.
Along with the application, applicants need to submit these following records to demonstrate their eligibility:
• School (GED certificates, report cards, and school transcripts)
• Military Records
Applicants who are denied deferred action will follow existing policies regarding the initiation of removal proceedings for immigrants who are denied benefits that they applied for. This is why it’s important to contact an immigration attorney immediately. Immigrants will only be placed in removal proceedings if they were involved in fraud activities during the application process, have been convicted of an offense, are under investigation, or have been arrested for public safety offense, and/or pose a threat to national security. Lastly, deferred action recipients are allowed to travel outside the country only if they first apply for and receive a special travel document known as “advance parole.”
The points listed above are just a portion of the general requirements for the for the Dream Act application. More detailed information on the Dream Act application was released on August 15, 2012. The links provided below will redirect you to the Dream Act application, instructions, and forms.
Deferred Action Application (Form I-821D): http://www.uscis.gov/USCIS/files/form/i-821d.pdf
Deferred Action Application Instructions: http://www.uscis.gov/i-821
Deferred Action Work Authorization (Form I-765): http://www.uscis.gov/files/form/i-765.pdf
Deferred Action Work Authorization Instructions: http://www.uscis.gov/files/form/i-765instr.pdf
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