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GUIDANCE ON THE NEW POLICY : DEFERRED ACTION AND WORK AUTHORIZATION FOR YOUNG PEOPLE

The following was submitted to us via Garry Davis and Associates, a member of our Trusted Attorney Network and Immigration Attorney. This is the reality of Obama’s speech.  Pass this along to those DREAMers and let them see if they quality. If not, encourage them to join the Republican Party and develop a real solution to the immigration issue we currently face. Thank You for this information Garry. We appreciate you!

The Obama administration announced on June 15, 2012 that certain young people who were brought to the United States as young children, who do not present a risk to national security or public safety and meet several key criteria will be eligible for relief from removal proceedings.

Those who demonstrate that they meet the criteria may receive deferred action for a period of two years, subject to renewal, and may apply for work authorization.
We have received many calls and emails, asking us to provide more details about the new program. If you know anyone who meets the criteria for the new program, feel free to forward this information along. We are taking appointments by phone and in the office to discuss whether this is a good option for someone who may qualify. Those consultations are provided at no charge, so let us know if we can help!

NOTE: THERE IS NO GUARANTEE THE GOVERNMENT WILL APPROVE A CASE EVEN FOR SOMEONE WHO MEETS ALL THE REQUIREMENTS. Each case will be decided on its own. There will be no blanket approvals and there is absolutely no certainty in this process. The government has made this very clear. The government has also made it clear that for those who meet the requirements listed, they will lean towards approving the request.

What are the requirements?

To be eligible to request the benefit under this policy, we must prove that the applicant:

1. Came to the United States under the age of sixteen;

2. Has continually resided in the United States for at least five years preceding the date of the memorandum (June 15, 2012) and was present in the United States on June 15, 2012;

3. Is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;

4. Has 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;

5. Is not above the age of thirty.

6. Is at least 15 unless the person has a final order of deportation.

To prove these points, we will likely need the following documentation:

· Applicant’s birth certificate.

· Proof the applicant entered the US legally, more than 5 years ago.

· Proof of living in the US at least 5 years (school records, lease agreements, bills in the applicant’s name, medical records, military services records, etc.)

· Felony and misdemeanor records searches from the county clerk’s office where you live and a letter from the local police department confirming no arrest record (optional, but we will like to include this to improve our chances).

· High school diploma, GED certificate, proof of current enrollment in school, or military service records.

Additionally, we must prove that the applicant merits a favorable exercise of discretion. To do so, we will need to provide documentation including proof of family ties to the US (provide evidence of legal status for those family members), business or property ownership in the US, service to the community, or anything else showing the applicant has been a good and productive person in the US.

NOTE: If the applicant has been arrested for any reason (other than immigration), we must have the arrest report and a certified copy of the court record for each incident. Every applicant will be subjected to a fingerprint background check.

How we can help:

The USCIS expects to begin implementation of the application processes within 60 days, but at present there are no available procedures for applying. So although Davis and Associates can discuss possibilities, there is technically no way to file an application yet. Anyone who says differently is not being truthful. You can confirm this atwww.uscis.gov– ALL APPLICATIONS FILED PRIOR TO USCIS PERMISSION TO DO SO WILL BE REJECTED.

While we wait, we can get a head start by working together to gather evidence and prepare the submission. That way, when USCIS says they’re ready to accept applications, we can submit them quickly and get the applicant early in the line.

As soon as there is more information on the application process, we will be happy to discuss options to help individuals decide whether they wish to apply, and provide legal assistance as necessary. Feel free to call us at any time with questions. Our point person on this process is Attorney Melanie Glover (mglover@gldlaw.com), but anyone in the office should be able to answer your questions. Also, please let any friends or family who might be eligible for this process to contact us for a consultation, either in person or by phone (214/628-9888), to discuss this opportunity.

Thank you for putting your trust in us.
Garry Davis, Davis & Associates

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