Thread: A Dreamer’s primer on President Obama’s new temporary status policy

A Dreamer’s primer on President Obama’s new temporary status policy

Some answers to concerns of undocumented youths about applying for relief

Comments Wednesday, June 20, 2012, 4:00 AM

by Allan Wernick

The dream of legal status is coming true for thousands of young immigrants. President Obama has ordered U.S. Immigration and Customs Enforcement to cease deporting undocumented youth and ordered U.S. Citizenship and Immigration Services to grant them employment authorization.

The President acted after Congress failed to provide relief. As information on the application process becomes available, I’ll provide analysis and tips on preparing applications. I begin today by answering some questions I’ve heard from Dreamers.

Q. Should I be afraid to apply since a President Romney could reverse the Obama policy?

A. Let me make this position clear: qualified applicants are making a big mistake if they pass up this opportunity. If my wife, sister or brother, or son or daughter qualified, I would urge them to apply.

A President Romney would have a hard time reversing the Obama policy. He would have that power, but he won’t use it.

As the Dreamers come forward, I am confident they will win the hearts of the American people. Support for them will grow preventing anyone from taking their rights away. The Dreamers are not some Dickensonian urchins hovering in dark corners of our city. They are our neighbors, members of our basketball teams and school bands. And, they are among our nation’s smartest and most successful students.

And, most of them will have new friends — their employers. Imagine 500,000 Dreamers supported by small business owners and the CEO’s of major corporations. This employer group alone should be enough of a lobbying group to stave off anti-immigrant restrictionists.

Finally, no matter whether you are pro or anti-immigrant, I have news for you. The tide has turned. The growing political power of our country’s immigrants is forcing restrictionist politicians like Romney to temper their statements on the issue. Leading Republican politicians, including candidate Romney may denounce Obama for implementing a policy Congress was unwilling to make law, but few are willing to deny that the Dreamers deserve relief.

Q. By applying will I put my parents at risk? Will ICE come after them?

A. I double dare them! I don’t think the American public would tolerate it. Further, by getting legal status, the Dreamers will be in a better position to help their parents politically and perhaps legally as well. Finally, some may find a way to permanent residence and U.S. citizenship becoming an important voting block.

Q. If USCIS denies my application, will ICE come after me?



A. I’m confident the answer is no except for applicants with serious criminal records. Anyone arrested or charged with a crime should speak to an immigration law expert before applying.

Q. What are the basic qualifications?

A. To qualify for Dream Act deferred action, you must:

1) Have come to the United States before the age of 16;

2) Have continuously resided in the United States for at least five years prior to June 15 and have been in the United States on that day;

3) Currently be in school, have graduated from high school, have obtained a Graduate Equivalency Diploma, sometimes called a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;

4) Have not been convicted of a felony, a significant misdemeanor, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;

5) Not be above the age of 30 as of June 15.

6) Must be at least age 15 except for individuals in removal (deportation) proceedings who can apply prior to turning 15.

Q. What are the benefits of deferred action status?

A. The main benefit is protection from being deported from the United States. You will no longer need to hide your status. Also, you are eligible to apply for employment authorization. While the Department of Homeland Security says that you need to show “an economic necessity for employment,” I think the agency will be generous in granting authorization.

Q. Should I apply now or wait?

A. If you are in danger of immediate deportation, you should immediately notify ICE that you are qualified for deferred action. Otherwise, wait until USCIS issues guidelines and filing instructions. USCIS rules already allow for individuals to apply for deferred action, but filing under those rules now will be a waste of time for Dreamers. For other undocumented immigrants facing deportation, deferred action is available, but only in the most sympathetic cases.

Q. For how long will USCIS grant me deferred action status?

A. The initial grant will be for two years. Some are worried that USCIS will end the program after two years and deport the Dreamers. I’m not.

Q. Where can I get more information?

A. You can get links to reliable information at the CUNY Citizenship Now! website cuny.edu/citizenshipnow, at the USCIS website, uscis.gov and at ICE’s website ice.gov, or by calling USCIS’ hotline at (800) 375-5283 or ICE’s hotline at (88351-4024.

Allan Wernick is an attorney and director of the City University of New York's Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 4 New York Plaza, N.Y., 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.

Read more: A Dreamer

"The Dreamers are not some Dickensonian urchins hovering in dark corners of our city. They are our neighbors, members of our basketball teams and school bands. And, they are among our nation’s smartest and most successful students."

They will displace some citizen in the workforce. I don't care how smart or succesful they are. We have more than enough job competition, we do not need thousands more to compete with. Let's get our own citizens to work first before we worry about the kids of law breakers.

They are illegal and they are allowed to be subsidized off of the backs of US citizens. I don't care how well they have done in the progressive school system. The school system is so broken that they pass people that can't even read, so I am hard pressed to believe they are some special brilliant group, it just tells me that they are good little progressives.

Most illegal immigrants in the country are male between the ages of 18 and 34. I onder if being in school means taking an ESL class? JMO

Dreamers advised to wait for U.S. Citizenship and Immigration Services filing guidelines

nydailynews.com

Friday, June 22, 2012, 4:00 AM



The Obama Dream program is going forward, but processing details are not yet available. Individuals who qualify should wait to submit their applications until the U.S. Citizenship and Immigration Services issues filing guidelines. I answered many questions for Dreamers in Wednesday’s column — read it at nydailnews.com. Below you’ll find the answer to your questions with more to follow as information becomes available.

Q. If the USCIS grants me deferred action status, can I travel abroad?

A. USCIS has yet to say whether the Obama Dreamers will qualify for travel permission, what we call “advanced parole.” I’ll report it here and tweet it when USCIS decides. My bet: the Dreamers will qualify for advanced parole. That’s what President George H.W. Bush did for Chinese students here after the Tiananmen Square crackdown in 1989.

Q. How does getting deferred action status affect my possibilities for getting a green card?

A. Deferred action status does not lead to permanent residence. However, if the USCIS grants the Dreamers advanced parole, it will make it easier for some to qualify for permanent residence. Here’s why: Returning from abroad with advanced parole counts as having been “inspected and admitted.” A person inspected and admitted who is an immediate relative (spouse, unmarried child under 21 of a U.S. citizen and parent of an over 21 U.S. citizen) can interview here for permanent residence. And, because of a recent legal decision, people who travel abroad and return with advanced parole are not subject to the “unlawful presence” bar to permanent residence. The unlawful presence bar applies to individuals who have been here unlawfully more than 180 days, who then leave the United States. Without the unlawful presence bar, immediate relatives of U.S. citizens should have a clear path to permanent residence.

Q. Should I hire a lawyer to help me with my application?

A. Most applicants won’t need a lawyer. Many nonprofit legal service providers are offering free and low-cost services. Advocates will be making information available so that Dreamers with simple cases can prepare their applications themselves. Still, if cost isn’t an issue, you can find a private lawyer by calling the city Bar Referral Panel at (212) 626 7373. If those with money to hire a lawyer do so, more resources will be available to poor and low-income applicants.

Q. Will getting deferred action qualify me for financial aid to attend college?

A. Not under current rules, but some immigrants’ rights advocates are pushing to make that happen. Also, the New York State Legislature is considering a bill that would make undocumented students eligible for financial aid. If that were to pass, Dreamers would likely qualify. Passage of the state law is unlikely this year, however.



Q. If I had already turned 30 on June 15, but had not turned 31, will I qualify?

A. Yes. USCIS has clarified that undocumented immigrants who were not yet 31 on June 15 qualify if they meet the other requirements.

Q. How can I prove that I was here before I turned 16 and that I have been here for five years.

A. The best proof of your presence are school records, medical records, financial records, employment records, and for those who entered legally, your immigration form I-94, Arrival/Departure document. Since the USCIS will excuse brief and innocent absences,” you need not prove your presence here every day for the past five years. Still, gather as many documents as possible. As the filing date approaches, I will provide more detail on how to prove your presence. Meanwhile, contact any schools you attended and doctors you saw, to get records.

Q. What criminal convictions will disqualify me?

A. Anyone with a criminal record should get expert advice before applying for deferred departure status. USCIS will run an agency check on all applicants to insure that they don’t have a criminal record that would exclude them from the program. If your crime is serious, it could lead to USCIS referring your file to Immigration and Customs Enforcement.

If you were convicted of a felony offense, a significant misdemeanor offense, or multiple misdemeanor offenses, you are not eligible.

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.

Conviction of “multiple misdemeanors” refers to being convicted of three or more other misdemeanors not occurring on the same day and not arising out of the same act, omission, or scheme of misconduct.

Allan Wernick is an attorney and director of the City University of New York's Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 4 New York Plaza, N.Y., 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.

Read more: Dreamers advised to wait for U.S. Citizenship and*Immigration Services filing guidelines** - NY Daily News