In my column this week in La OpiniónIn this article, I provide more details about the requirements that the U.S. Citizenship and Immigration Services (USCIS) is imposing to implement the deferred action program for undocumented youth and explain why it is necessary to consult with an attorney to complete the process.
In addition to reaffirming that they will begin accepting applications for deferred action on August 15, the USCIS announced that the processing fee will be $465 ($85 for fingerprinting and $380 for a work permit).
The work permit will only be granted to people who demonstrate a financial need. If you do not need it, you will only need to send $85 for fingerprinting.
USCIS will not approve fee waivers unless the individual demonstrates extreme need. Individuals who currently have temporary legal status, through student visas and Temporary Protected Status (TPS), for example, will not be able to apply for the deferred action program.
USCIS reiterated the eligibility requirements: having arrived in the U.S. before the age of 16; not having been over the age of 30 on June 15, 2012; having lived continuously in the U.S. for at least five years prior to June 15, 2012 and currently present in the country; being a high school graduate or in high school, including GED; being a veteran of the armed forces; not posing a threat to national security or public safety; not having been convicted of a felony, significant misdemeanor, or multiple felonies. At this point, they stressed that having been found guilty of driving under the influence of alcohol (DUI) disqualifies youth from the program. Generally, minor traffic offenses, such as driving without a license, will not be considered misdemeanors.
For people in deportation proceedings who meet the requirements described above, ICE has already begun offering them deferred action. Others must still wait until August 15 to submit their applications.
NOT all young people who entered the U.S. illegally as minors will be eligible. Cases that seem easy may have complications. An attorney can evaluate case histories and determine if past incidents will affect your application, even if they happened when the person was a minor - something a student could not do on his or her own.
It is imperative that you consult with an immigration attorney or federally accredited legal representative before beginning the process. Make sure these individuals have a valid license before hiring them.
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