Deferred Action: New Hope for the Young

For young adults who were brought into the US as infants, deferred action brings in renewed hope. The government's program is a source of new confidence for young immigrants and is something they should be excited about.

For long, illegal immigrants have approached life with a sense of resignation. Why stay in school when there is no hope for college or why excel when ultimately all they will get are odd jobs? Friends, family members, and strict immigration laws have forced the youth to settle for a job (rather than building a career). This has made some to fall into bad company or drop out. It is for such reasons, there is still reluctance to consider filing for employment authorization and deferred action. The truth is, opportunities for advanced education and employment are open to those who may have some flaws on their moral record. Such young adults should, however, proceed carefully and seek professional advice of an immigration specialist.

The USCIS guidelines have listed categories of young persons who may not qualify for deferred action due to criminal record. This comprises of people with felonies. It is also a myth that those who have only a misdemeanor in their name are fine. For deferred action San Antonio process, certain misdemeanors are considered serious. For instance, DUI's, domestic violence, burglary and firearms possession. People having more than three misdemeanors may also be at risk of not being allowed deferred action.

While a criminal disqualification exists, the government has the option to approve cases on the basis of exceptional circumstances. Similarly, if USCIS has proof that the young adult participates in crimes or has gang affiliations that are a threat to the U.S security, filing for deferred action will put the person at risk for deportation. Due to this reason it is best for the candidates to not file for the program without the help of San Antonio Immigration Service.

Dream Act vs. Deferred Action

A lot of people confuse the dream act with deferred action. The Dream Act, also called "Development, Relief, and Education for Alien Minors," was a parliamentary proposal and if passed, could have given conditional PR to some undocumented immigrants.

Eligibility under this law would have required candidates to: 

1. Be graduates from an American high school
2. Have good moral character
3. Attain a GED,
4. Enroll in a community or a four-year college,
5. Serve the military,
6. Be between the ages of twelve and thirty five

For a period of six years, successful candidates would be granted a "conditional" status to reside and work in the US.

Since Congress could not pass this bill after several attempts, in 2012 a new policy was brought into action known as “Deferred Action for Childhood Arrivals" to offer similar benefits to the undocumented immigrants who could have benefited through the Dream Act. The requirements for eligibility under DACA are more or less the same as those proposed in the Dream Act. But DACA only offers two of the advantages as mentioned in the Dream Act to the eligible applicants- removing fear of deportation, and applying for work authorization. The policy does not, in any way, provide any legal status or a path towards legalization. Moreover, since deferred action is only an executive order, the president can change it at any given time without requiring approval.

Still, Deferred Action for Childhood Arrivals has come in as a blessing for many hardworking illegal immigrants within the United States. However, to really benefit from the policy, it is important to file under the supervision of a professional San Antonio Immigration law firm. It is also important to have the required Deferred Action for Childhood Arrivals information San Antonio to find out whether you are a right candidate for it or not.