New Immigration Laws in Oklahoma: DREAM, DACA

Around two million immigrants reside in the U.S.  They are eligible for the Developmental, Relief, and Education for Alien Minors Act (DREAM Act).  In the summer of 2012, President Obama initiated a program known as Deferred Action for Childhood Arrivals (DACA). It provides deferred action to certain immigrants that:

• Were under the age of 31 as of June 15, 2012;
• Came to the United States before reaching their 16th birthday;
• Have continuously resided in the United States since June 15, 2007, up to the present time;
• Physically present in the United States on June 15, 2012, and at the time of making their request for consideration with USCIS;
• Entered without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012;
• Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or recipients of an honorable discharge/veteran of the Coast Guard or Armed Forces of the United States; and
• Have not been a recipient of a felony conviction, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

What is deferred action? Deferred Action provides a stay of deportation from the U.S. for a period of two years with the possibility of renewal.  The grant of deferred action does not grant you legal status.  But if you receive deferred action, you will not be accruing unlawful presence in the U.S. anymore.  Unless, of course, the deferred action revokes.  You will also be eligible for employment for two years.  You may also receive a driver’s license in the U.S. during the period of deferred action. Your ability to travel outside the U.S. will be somewhat minimal if deferred action grants.  However, we may be able to seek permission for you to travel in the case of an emergency.  Until the DREAM Act passes, deferred action only acts as a temporary solution to your legal status in the U.S.

How long does the process take, start to finish?  The process can take as little as a few months to file most of the necessary paperwork with the USCIS.  So, if you think you might qualify for deferred action, do not delay in contacting the Kania Law Office. We can assist you with the application, and can help with any other legal issues or hearings necessary.  If you would like a free consultation with a Tulsa, Oklahoma Immigration attorney from the Kania Law Office please call 918-743-2233.

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