Law Office of Catherine Brown. Specializing in business and family immigtration.


Twitter Facebook
Google Plus LinkedIn



The information you obtain on this blog is not, nor is it intended to be, legal advice regarding a specific immigration law matter. You should contact an attorney for individual advice regarding your own situation. This site is also not a solicitation and is intended to provide general information. The information provided at this site does not create an attorney-client relationship. You should not rely on any information found on this blog as a substitute for detailed legal analysis of your particular immigration law matter.

Deferred Action Announced for Dream Act Kids: Am I Eligible?

Posted on June 15, 2012 by admin

The Obama Administration just announced today that certain undocumented individuals will be eligibile for deferred action. Deferred action is a discretionary agency action to NOT prosecute or deport a particular alien. It cannot be granted by the Immigration Judge – only through an agency District Director. It also permits people granted to obtain a work authorization card (EAD), which will then allow the person to obtain a social security card and valid drivers license.

DHS Secretary Janet Napolitano announced this today along with the following criteria for a successful grant of deferred action:

1. Came to the United States under the age of sixteen and are not above the age of 30;

2. Have continuously resided in the United States for a least five years prior to June 15, 2012

3. Were present in the United States on June 15, 2012, the date of this memorandum;

4. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;

5. Have 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;

If you are not meeting these criteria above then you will not be eligible. If you do meet these criteria, then the change is effective immediately but it will take the government a couple of months to get a process in place for people to apply. If granted deferred status is for a 2-year period but can renewed indefinitely.

If you need to talk to a Colorado immigration lawyer about deferred action eligibility, whether it is something you want to take advantage of now or after the November election, and what are the consequences if you do apply and are denied, then call Boulder and Denver immigration lawyer Catherine Brown about the deferred action process and stay tuned for more news on this topic!

 

This entry was posted in General Immigration, Legislative Updates and tagged , , , , , . Bookmark the permalink.

165 Responses to Deferred Action Announced for Dream Act Kids: Am I Eligible?

  1. Juan G says:
    June 16, 2012 at 6:53 pm

    I’ve been deported to my home country but I highly qualify for this new law considering I was in the USA for 18 years with no criminal records and has finished U.S high school and was going to college there before I was deported back to my home country. My two brothers are currently in USA, is there any waiver which I could file for me to return back under this new immigration law?

    Reply
    • admin says:
      June 17, 2012 at 4:24 pm

      The policy is focused on those currently living in the US at the time this went into effect on June 15, 2012. You would not be able to benefit from this new change.

      Reply
  2. larry odowu says:
    June 17, 2012 at 1:42 pm

    I was brought to united states at the age of 11 according to my uncle. I went to middle school,highschool and college here since I came from Africa I dont know by exact date of birth. my uncle that brought me told me may be I was born 1978 or 1988 but he is not sure what do I do in this case to prove my actual birth date

    Reply
    • admin says:
      June 17, 2012 at 4:20 pm

      Hi Larry – interesting question – if you truly have no idea how old you are you can do a bone test to make a determination. Anyone else alive that can vouch for your age?

      Reply
  3. Jay Kim says:
    June 18, 2012 at 6:57 am

    Does it mean that we can only get Driver’s license and social security number only after getting the working permit? or since president obama stated that we were eligible, can we get the driver’s license first if we meet the criteria above?

    Reply
    • admin says:
      June 18, 2012 at 10:17 am

      Yes you would first need to get a work permit – this shows that you are authorized to work in the US and therefore can obtain a social security number . The drivers license bureaus in Colorado require proof you are legally here so your work card is evidence of that and I always recommend bringing your social security card as well to the DMV.

      Reply
  4. Carmen P. says:
    June 18, 2012 at 8:27 pm

    Does it depend the state you live in to be able to get a Driver’s license? How can we know if the state we live in does give Driver’s license ?

    Reply
  5. Alex says:
    June 18, 2012 at 9:59 pm

    Dose this mean I can take a school trip to france and italy and come back with no problem?

    Reply
    • admin says:
      June 20, 2012 at 6:51 pm

      This is a good question and the answer will likely be no. Deferred action does not “erase” prior violations like living in the US unlawfully. If you have lived in the US unlawfully since the age of 18 over 365 days straight, traveling internationally will trigger the unlawful presence bar, which punishes you and prevents you from re-entering for 10 years.

      Reply
  6. eddy says:
    June 18, 2012 at 10:49 pm

    I meet all the req. Except I’ve beem her for 4.2 years, do I still apply, they did say case by case basis. And I attend on attending college

    Reply
  7. Jhon says:
    June 19, 2012 at 6:34 pm

    Will the work permit allow me to join the navy or any branch of the armed forces

    Reply
  8. mario navarrete says:
    June 19, 2012 at 11:00 pm

    I had a small misdemeanor but I was lucky enough to get it erased from my record do I still qualify? And I live in Indiana do you know if the drivers license deal will apply there ?

    Reply
  9. Pat says:
    June 20, 2012 at 1:26 am

    Hello, my question is that I was charged with a citation of misdemeanor possession of marijuana in 2009 but the charges were later dropped in court and I didn’t recieve any punishment! I have everything the application asks for and even more as my older brother is an American citizen and my mom is a American Resident. Would I have any trouble with this process?

    Reply
  10. melissa says:
    June 20, 2012 at 11:26 am

    Okay i lived here since i was 8 but at tha age of 16 i got a ticket for petty thief but pay it off . Im i not legable to apply? I got my high school diploma

    Reply
    • admin says:
      June 20, 2012 at 6:57 pm

      I don’t know because I don’t know what the agency will mean by “significant misdemeanor offense.” If it was a felony conviction then the answer is not eligible. No felony convictions permitted.

      Reply
  11. erika ceniceros says:
    June 20, 2012 at 1:22 pm

    my husband meets all the criteria, but he was deported in feb of 07 and returned in april of 07…and has been here ever since…would he still qualify

    Reply
  12. Solbaky says:
    June 20, 2012 at 4:11 pm

    A friend fills in all the criterias above except that he committed a misdemenor of theft by shoplifting,would this disqualify him???and at the moment he is in the process of getting his record expunge ,would that help him????

    Reply
    • admin says:
      June 20, 2012 at 6:59 pm

      It is not clear if this falls under “significant misdemeanor offense” or not. If it was a felony, then not eligible. Expunging a conviction does not eliminate a “conviction” under immigration law – it can still be considered a conviction.

      Reply
  13. Solbaky says:
    June 21, 2012 at 10:10 am

    But as to what I read so far all misdemeanor fall on a significant misdemeanor category ,because in the eyes of the law you broke the law ,and what you are tellIng me
    Is that if he gets his misdemeanor expunge or sealed it can still be brought up during the prosses for applying for the work permit ?

    Reply
  14. Michelle Hernandez says:
    June 21, 2012 at 1:50 pm

    I so confused I came here united states when I was 16 do you think I’m eligieble.

    Reply
  15. ozzy says:
    June 22, 2012 at 2:39 pm

    I live in C.A. my wife filed a I-130 petition for me in April. She is going to become a US citizen in August. And I meet all the criteria above. Do I still need a 601 waiver to not leave the country. Or will this deferred action protect me?

    Reply
    • admin says:
      June 23, 2012 at 7:41 pm

      You have good questions – whether to move forward with permanent residence or take deferred action. Deferred action prevents you from being deported and gives you ability to work, but is not a path to permanent residence or citizenship ever. These are great questions for you to discuss with your attorney to determine what process – and perhaps both – will work best for you and when. Please call Boulder attorney Catherine Brown to schedule a consultation

      Reply
  16. gabriela ramirez says:
    June 22, 2012 at 7:47 pm

    I have all the req. needed , my quesion is, will i be able to obtain a work permit if im 17 and i graduate in a year from now,Class of 2013? I was brought when i was 6 years old?

    Reply
    • admin says:
      June 23, 2012 at 7:38 pm

      Eligibility includes “currently in school” so I believe you should qualify now but to be sure, we need to wait for USCIS guidelines in the next 60 days.

      Reply
  17. Diana Gomez says:
    June 23, 2012 at 9:13 am

    I was brought to the US when i was 16 yrs old and 3 months and i’m currently 24, i finished HS in 2007, and i already finished nursing school in 2011 and right now im working towards my bachelors degree, would i be elegible for de deferred action because of the age i enter the country?

    Reply
  18. Monica says:
    June 24, 2012 at 8:49 pm

    I fill in all the criterias & came at the age 5 but I heard that I might not be able to get the work permit if I’m 14 is that true or not?

    Reply
    • admin says:
      June 25, 2012 at 10:46 am

      Children in the US can work legally with a permit at age 15 and fully at age 16. This is a good question for the Administration to answer because failure to issue an EAD work permit means you cannot get a social security number.

      Reply
  19. Yanira says:
    June 25, 2012 at 9:15 pm

    My daughter is also 14 but is about to turn 15 in about 4 months & she fits all the criterias will she be eligible for her work permit?

    Reply
    • admin says:
      July 7, 2012 at 8:15 pm

      I cannot give my opinion but in general anyone who is under the age of 16 before June 15, 2012 may be eligible so long as they meet all of the criteria.

      Reply
  20. Yan says:
    June 28, 2012 at 10:14 am

    I was brought here in the US by the age of 13 with a travel visa and overstayed. I have lived here all my live, but my mom got married to a US citizen which granted me a workers permit. Now it dint work out and I am going through deportation proceedings will I be eligible for this action? I guess my main question is will my mom’s marriage still keep me eligible for this action?

    Reply
    • admin says:
      July 7, 2012 at 8:14 pm

      I am not sure if your mom’s marriage “didn’t work” means they divorced or there was an issue with when you filed for your green card as a stepchild of your stepfather. You would have to clarify that. It appears you might be eligible for deferred action if you entered the US prior to age 16, but you need to meet ALL of the criteria listed.

      Reply
      • Yan says:
        July 8, 2012 at 2:52 pm

        I fit all the requirements stated. I have been fingerprinted and received a social security. Would that mean I would have to go through the whole process again?

        Reply
        • admin says:
          July 16, 2012 at 8:08 pm

          Why – are you applying for permanent residence?

          Reply
          • Yan says:
            July 18, 2012 at 11:23 am

            Well when my mom got married I received a workers permit and a social, but never went through Permanent residence process. When they got divorced and everything cant be renewed and I am going through removal proceedings.

  21. michal says:
    July 1, 2012 at 5:42 pm

    i have been recently been arrested for marijauna possession and this is my first and only offense do i still qualify for the dream act?

    Reply
    • admin says:
      July 7, 2012 at 8:12 pm

      It may be considered a “significant misdemeanor” since it involves drugs, no mater how small, but we do not know for sure yet until DHS comes out with specific guidelines. This definition of “significant misdemeanor” is new and will need further clarification.

      Reply
  22. heri says:
    July 5, 2012 at 4:50 pm

    i came to united states when i was 14 went to high school but when i was 16 my friends invited me to tijuana. but at the time i try to comeback they stop me and didn’t let me in so i came back the following day cross with no problem. i finish only to 10th grade will the be a problem? and i will be 31 by november can i still aply ?

    Reply
    • admin says:
      July 7, 2012 at 7:55 pm

      I am not sure what “they stop me” is – it could be they deported you at the border and then you subsequently re-entered illegally after a deportation which would trigger the permanent bar – requiring you to exit the US and stay outside for 10 years before asking for admission.

      You need to be in school or have completed high school – finishing 10th grade will not be enough.

      Reply
  23. francisco.r says:
    July 9, 2012 at 8:03 pm

    Do i still qualify if i have 3 tickets 2 for driving with out lic.1 for truancy….

    Reply
  24. francisco says:
    July 9, 2012 at 8:18 pm

    I want to know if i still qualify i have 3 tickets 2 for driving with out lic.1 truancy but i already pay them thanks for the answers

    Reply
    • admin says:
      July 16, 2012 at 8:05 pm

      multiple misdemeanor offenses means more than 2 – so its very likely that you do not qualify unless these are just charges and not all convictions. We do not have the term “offense” defined yet in this context but hopefully they mean conviction and not charge.

      Reply
  25. Marco Sifuentes says:
    July 10, 2012 at 9:13 pm

    I qualify for all these requirements, but do i need a lawyer to apply?

    Reply
    • admin says:
      July 16, 2012 at 8:02 pm

      Everyone has a different opinion on whether you need a lawyer. I recommend waiting for further instructions to make that determination and if you have criminal issues, I highly recommend speaking to an immigration attorney before proceeding.

      Reply
  26. Dandy says:
    July 11, 2012 at 4:53 pm

    I came to the US when I was about to turn 16 so I entered in the age of 15 just 15 day to become 16 years old I went to High School I got my Diploma but Dec of 2006 I went back home to Brazil I left the country legally due to my Mom she was sick so after 6 months I returned to the US Jun 20 2007 legally I was admmitted with no problems until now Do you think I will be eligible for Deferred action.

    Thank you

    Reply
    • admin says:
      July 16, 2012 at 8:01 pm

      Yours is a complicated case and it is unclear whether you will be eligible or not. I recommend contact Catherine Brown immigration attorney when we get more details about whether an exit such as yours disrupts your residence requirement.

      Reply
  27. Dandy says:
    July 11, 2012 at 5:04 pm

    sorry Im 28 now

    Thank you

    Reply
  28. Shanice says:
    July 13, 2012 at 8:30 am

    I arrived in the country at the age of 15, I graduated from a US High school but i have only bin in the country for 3 years. Am I Eligible??

    Reply
  29. johnny says:
    July 15, 2012 at 2:12 am

    I was charged with shoplifting in 2006. Will this prevent me from qualifying? All other requirements I meet.

    Reply
  30. Fabio says:
    July 24, 2012 at 3:16 pm

    I meet all the requirements but I got an expunged misdemeanor case from 2010 for possesion of marijuana, am I not eligible then to get this permit?

    Reply
    • admin says:
      July 25, 2012 at 10:14 pm

      We don’t know if drug offenses like this will be considered a “significant misedemeanor” – sign up for my blog so when the news comes out you will get it in your email. Scroll down on my blog page and enter your email address.

      Reply
  31. Jennifer says:
    July 26, 2012 at 3:07 pm

    I came to the US when i was 6, I’m currently 19 & i have never left the US. So i know i qualify for the Deffered Action, I just have one question. I got 2 truancy tickets when i was in high school, one in 10th grade & another in 11th, and i never paid them, since i heard that once you turn 18 they clear up, so my question is would that make my application get denied?

    Reply
  32. Jose says:
    July 27, 2012 at 7:11 am

    Im turning 15 on August 16 and I’ve been here since 2001 Iam I legible for the dream act??

    Reply
  33. laura says:
    July 27, 2012 at 5:29 pm

    Hi i wanted to know if shop lifting for something less than $100 in texas is consider a felony..This happend 7 years ago and is the only bad thing i have in my record.I have never got any other ticket.They could not remove it from my record i just paid all the court fee and thats it?????

    Reply
  34. nina says:
    July 29, 2012 at 12:50 pm

    I came at the age of 14 legally and have maintained legal status I am now 27 and on f1 visa, but cannot get h1b visa because quota was reached. Do I not qualify for work permit because I did the right thing? I qualify for all the requirements other than the fact that I am not illegal?

    Reply
    • admin says:
      August 7, 2012 at 10:03 pm

      Nina – great question. So far, I have seen no rule that says you must be illegal to apply. If you meet the criteria that have been listed you should be eligible!

      Reply
  35. Nino says:
    July 30, 2012 at 9:33 am

    I’ve been arrested on 2 separate occasions and ticketed on 3 total. They’ve all been for traffic violations for driving without a license. I meet all the other criteria. also, i’m currently enrolled in GED Prep classes and also enrolling for credit classes in the fall at the local community college but wasn’t enrolled in either on june 15, 2012. Would I still qualify?

    Reply
    • admin says:
      August 7, 2012 at 10:01 pm

      I am not sure – if you have 3 misdemeanor convictions you will not be eligible. One did not have to be in school as of June 15, 2012 – just before one files is okay.

      Reply
  36. Edwardo says:
    July 30, 2012 at 11:32 am

    I meet all the requirments except i have stayed here for 4 and half years. Do i still apply i heard its a case by case basis.

    Reply
    • admin says:
      August 7, 2012 at 10:00 pm

      The rule is being here for 5 years prior to June 15, 2012. So if you do not have enough residence, you will not be eligible regardless of how long you stay after June 15, 2012.

      Reply
  37. Eric says:
    July 30, 2012 at 11:40 am

    Hello, I have a question. I’ve live in the US since i was 6 and now I am 19, graduated high school. I don’t have a criminal record but I’m very worried because when i was 16 years old i got a ticket for driving without a license. The cop spelled my first and last name wrong. I lost the ticket and when i went to court to pay it they couldnt find me. would this one affect me? I also have 3 more tickets for DWL. all in the last 2 years. I am really worried this will be a problem. If it is i don’t see why we should get punished being that they are the ones who don’t allow us to get a license.

    Reply
    • admin says:
      August 7, 2012 at 9:59 pm

      If you have 3 or more misdemeanor convictions then you are ineligible. So not sure if your DWLs were all convictions and all misdemeanors – if so inelgible.

      Reply
  38. joseph o. says:
    July 30, 2012 at 1:46 pm

    Are children with legal status (F2 visa) eligible for the deferred action? all requirements are met.

    Reply
  39. susqan says:
    July 31, 2012 at 12:38 am

    hi im 19 years old i been here sence i was but on 9th grade i droped out of school didnt work or nothing but now im bout to recevie my hs dioploma on the 4 of this month i have no criminal record or anything at all im i elegible ?
    and if i am what can i take to prove i been here this years i havent work or study…
    can i take a document from the doctor of each year or what do i do to prove ?

    Reply
  40. bk kim says:
    July 31, 2012 at 11:55 am

    i do have a social security and driver license.
    but has been expired and undocumented and
    no way to renew it except this.
    i meet all the requirements above but only
    thing is that i graduated from university already. how does this affect me? am i still
    eligible?

    Reply
  41. irene says:
    July 31, 2012 at 2:13 pm

    i came when i was 12 graduated junior high but did not graduated hs,i’m in school now for my ged Do you think I will be eligible

    Reply
    • admin says:
      August 7, 2012 at 9:56 pm

      It is unclear if you need to have GED completed or if going to class to get a GED is considered ‘school” – not clear yet. Stay tuned.

      Reply
  42. oscar says:
    July 31, 2012 at 4:45 pm

    hi
    i came to U.S in august 26,2006 ,the same day of my birthday, i got my High School Diploma ,now im
    21 and im enrolled in college,do u think im
    elegible?

    Reply
    • admin says:
      August 7, 2012 at 9:55 pm

      Oscar – its not clear to me if entered the US BEFORE you turned 16. You seem to have enough continuous presence (June 15, 2007 to June 15, 2012) and the high school degree.

      Reply
  43. gerardo says:
    August 2, 2012 at 8:06 pm

    I like many others have a misdemeanor for theft 3 or shoplifting when i was 18, i am 25 now and the case was dismissed but i am also looking to get it expunged. is a dismissed misdemeanor considered a significant one? and will i be eligible?

    Reply
    • admin says:
      August 7, 2012 at 9:54 pm

      If charge is truly “dismissed” and not a deferred judgment then its not a conviction and fine. You should ask a Colorado immigration attorney to assist you with your criminal issue before you file just to make sure.

      Reply
  44. IRENE BANSIL says:
    August 6, 2012 at 5:03 pm

    My daughter is qualified under deferred action.
    She just graduated in HS and wants to take up LVN or RN in college.
    Can she take Nursing Licensure exam once she’s given a status under the deferred program?
    and Can she work as a nurse once she pass the exam?

    Reply
    • admin says:
      August 7, 2012 at 9:35 pm

      I do not see why not – those license exams usually require a social security number which she can obtain once she is approved under the new program.

      Reply
  45. Jessica says:
    August 7, 2012 at 7:25 pm

    6 years ago When i was 15 my family and i moved from California to Texas. While driving to Texas we were stopped by a boarder patrol and i was deported, i came back with in a week. will that deportation affect me being able to qualify for the Deferred Action law?

    Reply
    • admin says:
      August 12, 2012 at 9:13 pm

      Hi Jessica – deportations will stop the time on your required continuous residence requirement of 5 years. So if you still re-entered prior to age 16 and since your second entry (after being deported) have been in the US 5 years as of June 15, 2012 then you can qualify.

      But you should stay tuned for more details to come on August 15th too just to clarify this rule.

      Reply
  46. isabella says:
    August 8, 2012 at 7:53 pm

    i was wondering if i am still eligible ?
    if i said i was a US citizen to apply to college im about to start. should i wait to go to college. i havent finished my enrollment yet. but the end of this week i will. does that affect me in any way?

    Reply
    • admin says:
      August 12, 2012 at 9:16 pm

      Isabella – false claim to US citizenship is deportable offense. You should seek immigration legal assistance before you proceed with any application. Call Boulder attorney Catherine Brown for assistance on your deferred action questions.

      Reply
  47. yvette says:
    August 8, 2012 at 8:50 pm

    i meet all the requirements but i have a question. if im married to a U.S. citizen will that affect me? and what if we are no longer together and trying to get a divorce. also would i have to apply as married or can i apply as single? thank you

    Reply
    • admin says:
      August 12, 2012 at 9:14 pm

      Your marital status is a non issue in this process. You obviously cannot obtain a green card from your spouse if filing for divorce, but for deferred action it does not matter.

      Reply
  48. Mario says:
    August 9, 2012 at 6:43 am

    I meet all the requirements, but I’ve gotten 2 tickets for driving without license, but never been arrested. And another ticket because a friend threw a bag of trash(he littered) and they gave me a ticket for that, even though I did not do anything, just because I was there. Would that count?

    Reply
    • admin says:
      August 12, 2012 at 9:20 pm

      Mario – rule is 3 or more misdemeanor convictions – if you pled guilty that is considered a “conviction”; if you have a deferred sentence it meant you pled guilty and that is a conviction. I cannot give you legal advice on this topic without seeing your arrest/conviction records and you would have to call me to discuss.

      Reply
  49. givoo says:
    August 9, 2012 at 9:38 pm

    My sister was driving fast the cop gave her aticket this was years ago does she qualify its been over five yrs since this happend

    Reply
    • admin says:
      August 12, 2012 at 9:17 pm

      A ticket for what – speeding? The law says 3 or more misdemeanor convictions make a person ineligible so sounds like she just has one – and traffic ones are not considered “significant.”

      Reply
  50. kayla says:
    August 10, 2012 at 1:31 am

    i had a lot of truancies in school but i never received a truancy ticket of any sort, would that affect me?

    Reply
    • admin says:
      August 12, 2012 at 9:03 pm

      Based on what has been discussed so far I don’t think so but you should wait until August 15th or later for further details. They are concerned with convictions – if no conviction then probably okay.

      Reply
  51. Gerardo says:
    August 13, 2012 at 9:02 am

    I was scheduled to deport from the United States before May 10th, 2012. I now live in my country of birth, Mexico. Am I eligible to apply for the DREAM act?

    Reply
  52. Alex says:
    August 13, 2012 at 3:33 pm

    I have been here since i was 4 (1996) i came with a visa. In high school i was given a ticket for fighting but in my case i fought in self defense but the judge sent me to community service but i lost the paper where to go or when and what time. So 6 years have passed i have my diploma i have everything to apply. But i just worried if that ticket that i didnt pay 6 years ago will affect me?

    Reply
    • admin says:
      August 21, 2012 at 8:32 am

      Hi Alex – you need to get a copy of your criminal record if possible. It really depends on what statute you pled guilty to. It doesn’t sound like a serious offense but have to check the criminal records out. Go to the county convicted in – ask for “Clerk of Court” and give name and info. If there is no record in the file then contact an immigration attorney to discuss your next steps.

      Reply
  53. Beau Figgini says:
    August 14, 2012 at 7:10 pm

    If i came to the United States in 2001 when i was 5 and now i’m 16 but still in high school am i still eligible to apply to the dream act or do i need to finish high school first?

    Reply
  54. kaks25 says:
    August 14, 2012 at 9:30 pm

    hi i meet all the requirements for the dream act except i came here at 18 and not before 16, can i still apply?

    Reply
  55. tiffany says:
    August 15, 2012 at 2:43 am

    Hi,
    I came here when I was 15 years old with exchange student visa, but my visa was expired long time ago. Do I still qualify or it has to be brought to U.S?
    I currently not enrolled in college but I graduated from high school, will that work?
    Thank you

    Reply
  56. Juan says:
    August 15, 2012 at 7:29 am

    I’m eligible for all the requirements except that I came to the U.S. when I was 16 years old, can I still apply?

    Reply
  57. Juan says:
    August 15, 2012 at 8:01 am

    Hi I’m somewhat confused my question was that I was brought to the U.S at the age of 3 been living here ever since went to school and received my high school diploma.My record is clean never been in trouble the only thing is that I never continued college will I still be eligible? THANKS!

    Reply
    • admin says:
      August 15, 2012 at 9:38 pm

      Hi Juan
      Yes still eligible based on what you are disclosing here – you don’t have to finish college – just high school.

      Reply
  58. juan says:
    August 15, 2012 at 11:39 am

    i meet all rquirements except but ive been charged for false claimed us citizenship back in 2007 …can qualify for deffered action.? anyone out there can answer my desperate question ? i entered into usa at age of 9, currently am 24 i earned a high school diploma..and one thing all my family have legal statuses ..both parents are LPR HOLDERS for 20 + years about to apply for their citizenship and all my brothers and sisters are natural born us citizen..would this give me a hope to qualify ..honestly my life is disaster im unable to work or go to college..so please help me.ill apreciate it from the bottom of my heart.=(

    Reply
  59. Maria says:
    August 15, 2012 at 8:51 pm

    does someone that entered the country at age 13 with someone else’s birth certificate qualify for the deffered act?

    Reply
    • admin says:
      August 15, 2012 at 9:16 pm

      Great question – we do not know as of yet how issues of fraud/misrepresentation will be handled. It is not yet clear.

      Reply
  60. Angie Bellingrodt says:
    August 16, 2012 at 6:03 pm

    hello can i apply if am still studing for my ged test or do i have to finish first and get my ged certificate so that i can apply ? if yes how much time do i have ?

    Reply
  61. Nancy says:
    August 16, 2012 at 10:36 pm

    I meet all the reqs, except I have been working with a fake green card for 8 years, will this affect me negatively? I have my own social due to an unrenewable work permit that expired when I turned 21. My case through my citizen mom is pending at NVC.

    Reply
    • admin says:
      August 21, 2012 at 8:28 am

      Hi Nancy – this is a great question and you are not alone. You should contact an immigration attorney about this because it may depend on your circumstances. For instance, it is a potential felony to use a fake social security number for instance to file tax returns.

      Reply
      • Nancy says:
        August 28, 2012 at 5:15 pm

        The social I use was assigned to me with a note that says “valid with INS authorization only” … I just havent had such authorization for 8 years. Will it still give me problems?

        Reply
  62. josie says:
    August 16, 2012 at 11:25 pm

    hello ive been in thee us since i was 4 yrs old i didnt finish high school but im now taking my test for the ged my classes began on jul 2 2012 and ended aug 9 2012 do i syill qualify if im doing my test?

    Reply
    • admin says:
      August 21, 2012 at 8:26 am

      Hi Josie
      Yes you will qualify if you can prove you are enrolled in your GED program. See FAQ from USCIS on this issue:
      ” To be considered “currently in school” under the guidelines, you must be enrolled in:

      a public or private elementary school, junior high or middle school, high school, or secondary school;
      an education, literacy, or career training program (including vocational training) that is designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement; or
      an education program assisting students either in obtaining a regular high school diploma or its recognized equivalent under state law (including a certificate of completion, certificate of attendance, or alternate award), or in passing a General Educational Development (GED) exam or other equivalent state-authorized exam.”

      Reply
  63. Clair says:
    August 20, 2012 at 10:24 pm

    Same question As the girl above

    Reply
  64. samm says:
    August 21, 2012 at 6:19 am

    What if ur 16years old when u got in the US,finished high school n have a clean record?r we still alligible?

    Reply
    • admin says:
      August 21, 2012 at 8:18 am

      You will not be eligible for deferred action but you can contact an immigration attorney like Catherine Brown as to what possibilities there are for Dream Act kids who are just missing the cut offs.

      Reply
  65. samm says:
    August 21, 2012 at 2:02 pm

    Thnx,cus honestly this so unfair!we the youth n we need help when most needed…but our paradise harsh us out..

    Reply
  66. Richard Umana says:
    November 5, 2012 at 8:40 pm

    Came to the US when I was 15 y/o, and graduated from High School and got a BS here in the US also. Have been in and out of the country, and the last time I came in was in 2004. Have a SSN & Drivers license, but the only thing is that I am 52 y/o. Could I be accepted, or could I do?

    Reply
  67. monse says:
    November 7, 2012 at 7:39 am

    My question is i came here at 2008 i was about to turn 14 i believe i finish high school i dont have a bad record i qualify all the other criteria but if I was not here present at 2007 would I still be able to qualify for the deferred,action?

    Reply
    • admin says:
      November 30, 2012 at 8:36 pm

      You needed to be here from June 15, 2007 to June 15, 2012. If you casually traveled out of the US during the time it may not interrupt the time but you should get this checked out with an attorney before filing.

      Reply
  68. Carina says:
    November 8, 2012 at 8:53 pm

    Is truancy a significant misdemeanor. I want to court and finished all the community service. But I don’t know what to answer on I-821d form page 4 question 1

    Reply
  69. Bea says:
    November 27, 2012 at 8:30 pm

    Hello.. May you answer this question, what if I have evidence for every year I been in the US but only one for 2009, I only have when I got my passport… The lady tha is helping me says that I have everything but that I need more evidence for year ’09 or they might reject my application.. Do I need more evidence?.

    Reply
  70. Karla says:
    December 3, 2012 at 1:45 pm

    I am currently enrolled and studying for my GED and I turned 31 on September 31 2012 can I still apply for the deferred action?

    Reply
  71. Jay says:
    December 6, 2012 at 5:19 pm

    Are children with legal status (F2 visa) eligible for the deferred action? all requirements are met.

    Reply
  72. gus says:
    December 10, 2012 at 11:38 pm

    hi i would like to know if i qualify if i was born 07 1980?i meet the rest of list requirements, thanks

    Reply
  73. Evelyn Gonzalez says:
    December 12, 2012 at 3:18 pm

    My parents immigrated to California along with me when I was 1 year old. I completed elementary school and completed high school as well. However, when I turned 18 there weren’t any programs for me to continue studying in college. I also did not want to work illegaly in the US, I feared deportation because I did not have residency nor a citizenship. Therefore, I came back to my birth country Mexico. Is there anything I can do to come back to the country I called home?

    Reply
    • admin says:
      December 28, 2012 at 10:40 am

      Hi Evelyn I am sorry you cannot benefit from deferred action unless you are in the US or if abroad you had a brief casual visit abroad. If you have questions about your options to return please contact our office at 303-322-2117

      Reply
  74. irving says:
    December 25, 2012 at 2:51 am

    Hi i have a question. In on deffered entry of judgment and im on probation can i still apply for the dreamers act

    Reply
    • admin says:
      December 28, 2012 at 10:26 am

      I would never proceed with a deferred action case if a criminal charge or conviction is involved without first meeting with an attorney to understand if you can proceed – I cannot give you legal advice about probation in this forum so please contact my office for a consultation on this matter if you wish.

      Reply
  75. jimmy says:
    December 25, 2012 at 9:40 pm

    Hi I am 16 years old I just applied I should be receving my documents soon, but my question is ….. Will I be able to get a driver’s permit? You see in my state you have to be 15 to get it so I though that with the works permit I could also
    get drivers permit, or do I have to turn 18 to get a driver’s License.. -Please help me this question has being killing me.-

    Reply
    • admin says:
      December 28, 2012 at 10:24 am

      What state are you living in? Every state is different. In Colorado, if you are underage you have to have a parent sign for insurance at the DMV office and the parent has to be in lawful status so it really depends on the state requirements.

      Reply
  76. jessica says:
    December 28, 2012 at 1:14 am

    I just waant to know if retail theft is going to disqulify me. Im not with dream act i only got my social because my mom got hers due to hee bf hitting her. And i was at test to get my residence. I qualify for everything else. I just made a big mistake. I want to know if i have a second chance? plus this was my first and only offense

    Reply
  77. Jennifer says:
    January 17, 2013 at 3:17 pm

    Hi,
    I been having a question lately, well my friend qualifies for everything except that he’s not in school now! he drop-out in 10th grade for economic issues.. And he would’ve finished high school last year.. But, will he still be eligible to apply?

    Reply
  78. Daniel says:
    January 31, 2013 at 9:53 pm

    very good site, I like all questions and responses. I came here on July 19 2007 and have been living here in the US since then till present but the requirements says that one should have been living here since June 15 2007 will i or will I not qualifiy because I was just one month and 2days late?

    Reply
  79. Jorge says:
    February 4, 2013 at 8:20 pm

    I have a question: been in this country since I was 9 years old. In 04 I was in ICE custody but I bailed out of the detention center and was supposed to go to court to fight my proceeding. Never went to it in fear of being deported. In 07 ICE found me and deported me for 10 years. But came back that same year and have been here ever since. I turned 31 in november of 2012. Am I eligible?

    Reply
    • admin says:
      May 4, 2013 at 7:31 pm

      Prior deportations and illegal re-entry are not clear rules that make you ineligible but deferred action is a discretionary process – meaning the government has alot of authority to weigh the “pros versus the cons” of why they should let you stay so your prior history can come into play.
      I recommend getting legal advice from a competent immigration attorney before proceeding.
      Your age is not the issue – you needed to be 30 or less on June 15, 2012

      Reply
  80. Sam says:
    February 18, 2013 at 2:39 am

    Hi, I came to the US at age 11, finished HS. When I was 22 I went back to my country for 2 weeks, I got deported when I tried to come back to the country but I made it back the week after without inspection. That was in 2004. Am I still eligible? Thanks!

    Reply
    • admin says:
      April 7, 2013 at 9:18 pm

      You need to seek legal counsel before proceeding with Deferred Action given your past deportation history and trigger of the permanent bar.

      Reply
  81. francisco says:
    March 7, 2013 at 1:54 am

    I came here when I was 1 I am 15 now.
    I’ve never been in jail, but I have 5 tickets in total.
    All of them are school related.
    Do I still qualify?

    Reply
    • admin says:
      April 7, 2013 at 9:10 pm

      It doesn’t sound like you have triggered a disqualifying offense but you should consult with an immigration attorney before proceeding regardless.

      Reply
  82. cesar says:
    March 10, 2013 at 5:09 pm

    hi i been in the us since 1999 I’m 25 i went middle and hight school but didn’t graduated in in college i got arrested in 2007 for assault but got dismiss and i got send to ice and i sing self deportation but came back to the US a week later illegally and i the only thing on my record is a possession for less
    than a ounce of marijuana can i till qualify for dream ack

    Reply
    • admin says:
      April 7, 2013 at 9:10 pm

      You have multiple issues that you should seek out legal advice from an immigration attorney before proceeding with deferred action.

      Reply
  83. Mark says:
    April 1, 2013 at 1:50 pm

    Hi, iam not sure if i should file for my daughter she was here since she was 2years old, but in december 2007 she left the US to see here grandfather who then pass. She return illegally in June of 2008. All here school records are up to date. Can she apply? She completed 16 yrs of age on September 2012.

    Reply
    • admin says:
      April 20, 2013 at 7:37 am

      You have to show physical presence from June 15 2007 to June 15 2012 – looks like she can’t prove 6 months which would be figured out because you have to disclose exits out of the US.
      She also has significant penalties for entering the US illegally twice that you should get legal advice on before proceeding.

      Reply
  84. Katalina says:
    April 1, 2013 at 1:52 pm

    I came to the US when i was 9 , when I was 13 I was pulled over for no drivers license , I gave the police officer a false name and birthdate , will this affect me ?

    Reply
    • admin says:
      May 4, 2013 at 7:27 pm

      Driving without a license is a traffic offense and not a criminal offense. Its certainly not a significant misdemeanor. which would make you ineligible for Deferred Action

      Reply
  85. jorge says:
    April 13, 2013 at 9:27 am

    I got I think 5 tickets for no dl and 2 for no proof of insurence will this affected me

    Reply
    • admin says:
      April 20, 2013 at 7:32 am

      Deferred Action is discretionary meaning that even if eligible, USCIS can look at your life and see if you have unattractive or unsavory characteristics versus good character. This is too fact specific for me to comment on – I would have to give you legal advice in a consultation setting and I would definitely recommend speaking to an immigration lawyer before proceeding.

      Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>



 
Call today to schedule a consultation: 303-322-2117
844 Main St.
Louisville, CO 80027
Colorado Bar AVVO AILA
cbrown@cbrownlaw.com