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NPD Deferred Action Forum Call Summary

For those of you that missed the National Pursuit of Dreams Forum Call on Deferred Action today, it was informative and I’ve summarized the main points below:

Cut-Off Age is under age 31 on June 15, 2012: Janet Napolitano, Secretary of Homeland Security yesterday clarified yesterday at an oversight hearing that the cut off-age to qualify for Deferred Action will be applicants under 31 years old on June 15, 2012.

Key-Terms for Criminal Convictions: At present we have some idea of the key types of criminal convictions or incidents that can disqualify you from deferred action – significant misdemeanors, public safety threat and national security threat. The exact definitions for these “terms of art” will be released likely on August 1, 2012. You should consult an attorney about whether your incident falls under any of these categories because each situation will face different challenges and consequences.

Education Requirement: We know that you have to have graduated high school or be currently in school. We also know that you can enroll in a GED program if you never graduated. What we don’t know yet is whether you have to wait to complete the GED program to apply for deferred action, or whether you can apply concurrently with being enrolled. Look to the August 1st guidelines for that to be resolved.

Get a Passport: We cannot emphasize this one enough; you should obtain a passport from your country of origin before applying because it is the best way to establish your real identity.

This is a link to obtaining a passport if you were born in Mexico from the Mexican Consulate in Los Angeles.

Unsure of your status? If you think there was a removal order against you or received a Notice to Appear at any point, you can find out the status of your residency by calling an automated phone system for individuals to track their cases in the court system, developed by the Executive Office of Immigration Review (EOIR). The number is (800) 898-7180. Please note you will need your Alien Number (aka “A number”) which is located on your Notice to Appear.

Fake Documents: Many Dreamers have questions about whether they will get in trouble for possessing “fake documents” upon which they gained employment or other benefits in the U.S. It is important to consult an attorney on the specific nature of your fake documents because the consequences and outcome could differ depending on what type of papers and what purpose they were used for.

If you have any more questions, email or call us for a free case evaluation!