Late last week, President Obama announced that younger immigrants may be eligible for "Deferred Action" and work authorization. The policy will grant qualified immigrants the opportunity to live free from fear of deportation and allow them to work legally. This exciting new development brings hope to eligible immigrants.
It is not, however, a permanent fix and does not grant permanent legal status to anyone.
To qualify, an individual must:
- Be 15-30 years old, and have entered before age 16;
- Have been present in the U.S. for 5 years as of June 15, 2012 (must have entered USA before June 16 or 15, 2007) ;
- Have maintained continuous residence in the US;
- Have not been convicted of a felony, a significant misdemeanor or multiple minor misdemeanors;
- Be currently in school, graduated or have a GED, or be an honorably discharged veteran.
The Deferred Action offer will be available to those already in immigration proceedings, those with final removal orders, as well as to those who apply affirmatively.
The Administration is not yet accepting applications for this action. Within sixty days – by the middle of August – the Administration expects to issue guidance and information about how eligible individuals can request deferred action and work authorization.
It is NOT possible apply for deferred action at this time (unless in removal proceedings). Unfortunately, this policy may open the door for fraud and deception by unscrupulous individuals and so-called "Notarios." In the United States, notarios have no legal background and cannot act as a qualified attorney. Anyone claiming they can submit an application or charging a fee for applying for deferred action should NOT be trusted until the process been announced by the federal government. An immigrant's case can be delayed by notarios acting in bad faith, resulting in penalties and even deportation.
The Florida Bar regulates Florida attorneys. You can visit www.floridabar.org to locate and look up the qualifications and licensing status of all Florida attorneys. You also visit www.ailalawyer.com to locate a qualified attorney in your area.
For now, the best course would be to monitor progress on how the administration plans to set up and handle applications. Prior to making an affirmative application, you should consult with a qualified attorney to review all the benefits and possible risks of making the application.
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