Do you think you are eligible to apply for the Dream Act? Read the dream act requirements provided by New Jersey Immigration Lawyer Susan Scheer to see if you are one of the 1.8 million people. Our Morristown Law Office works hard to keep families together, no matter the barrier.
The Scheer Immigration Law Group encourages all individuals who believe that they might be eligible for Deferred Action to educate themselves about the requirements for the program. It is of utmost importance that DREAMers seek detailed advice from lawyers or authorized professionals and avoid notarios who may take advantage of immigrants!
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Individuals who demonstrate that they meet the following Dream Act requirements will be eligible for an exercise of discretion, specifically deferred action, on a case-by-case basis:
1. AGE ELIGIBILITY
Applicant must be 15-30
* Documentation includes: copy of birth certificate and copy of passport.
2. ENTRANCE TO U.S.
Applicant must have entered before the age of 16
* Documentation includes: financial records, medical records, school records, employment records, & military records.
3. PHYSICAL PRESENCE IN THE U.S. ON JUNE 15, 2012
Applicant must have been physically present in the U.S. on June 15, 2012
* Documentation includes: correspondence received, school attendance record, verification of job attendance by human resources personnel or office manager, proof of banking transaction, credit card/ATM receipts, medical records, school records, military records, and employment records.
4. PHYSICAL PRESENCE IN THE U.S. SINCE JUNE 15, 2007
Applicant must have been present in the U.S. for five years as of June 15, 2012
* Documentation includes: financial records, medical records, school records, employment records, & military records.
5. CONTINUOUS RESIDENCE IN U.S.
Applicant must have maintained continuous residence in U.S. (only brief, innocent departures)
* Documentation includes copy of passport reflecting all entry and departure stamps.
6. CRIMINAL PROBLEMS
Applicant must not have been convicted of a felony, one serious misdemeanor, or three or more minor crimes not arising out of same incident
* A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.
* A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.
7. ACADEMIC REQUIREMENTS
Applicant must be currently enrolled in school, graduated high school, or possess a GED (General Educational Diploma)
* Documentation includes: diplomas, report cards, school transcripts, and GED certificates.
8. MILITARY SERVICE
If an applicant served in the military, the applicant must have been honorably discharged from the Armed Forces or Coast Guard
* Documentation includes: report of separation forms, military personnel records, and military health records.
When deciding if you are eligible for deferred action and ought to apply, it’s of the utmost importance that you discuss your case with a trustworthy immigration attorney and avoid “notario publicos” and other fraudsters.
>> Does this policy apply to those subject to a final order of removal?
Yes. An individual subject to a final order of removal who can demonstrate that he or she meets the eligibility criteria can request a review of his or her case and receive deferred action for a period of two years, subject to renewal. All cases will be considered on an individualized basis.
Individuals who believe they can demonstrate that they satisfy the eligibility criteria and are about to be removed should immediately contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, seven days a week) or the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5 p.m., Monday – Friday) or by e-mail at [email protected].
>> What is the status of DAPA?
President Obama announced DAPA, or Deferred Action for Parents of Americans and Lawful Permanent Residents, as an expansion of the DACA policies in November of 2014. It would have exempted parents of LPRs from deportation and granted temporary work permits. However, several states sued, claiming that DAPA was unconstitutional. A District Court issued an injunction effectively freezing DAPA in November 2015. The Supreme Court was deadlocked as of November 2016, setting no precedent and leaving the injunction in place.
>> Can a deferred action recipient with a valid work permit apply for a travel permit?
Plenty of people who’ve received deferred action and are living in the U.S. with a valid work permit want to leave temporarily. A person might be interested in studying abroad, traveling for business, or visiting a relative. Many, though, worry that if they leave they might not be able to come back.
If you have a valid work permit, you can apply for a travel permit with the I-131 form. You will need to supply proof of your reason for wanting to travel. Education, business, and humanitarian reasons (including visiting sick relatives or attending a funeral) are the only acceptable ones under current policy.
>> I’m eligible for deferred action and also in a serious relationship with a U.S. citizen. Can I apply for deferred action and then later apply for an immigrant visa or green card?
As long as a person has two legitimate paths to immigration, and there has been no instance of fraud in either case, a person may pursue both paths simultaneously or consecutively.
>> What happens if my application is denied? Will I get arrested?
You will not automatically be arrested or deported if USCIS denies your request for deferred action – USCIS will only issue you a letter of denial. If you are guilty of serious crimes, however, USCIS will probably report you to ICE.
You may not “appeal” a USCIS decision on deferred action, but you may request a “review” if you think you were denied because of an administrative error like the ones listed here:
If our office can be of assistance with any immigration-related matter or if you have any questions about the Dream Act requirements, please contact us immediately at (973) 532-5330
“Simply the best immigration attorney there is period. I will be forever grateful for everything she did for me when I went through the immigration process . From start to finish a consummate professional in every sense of the word.i have recommended Susan to everyone that has had to go through any immigration matter.”
– Sparky Lyle
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