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Immigration Alert

August 3, 2012

The Biggest Immigration News in a Decade:

 “Deferred Action” for Young People 

Department of
Homeland Security (DHS) Secretary Janet Napolitano announced that effective
immediately, certain young people not presently in legal immigration status who
were brought to the United States as young children, do not present a risk to
national security or public safety, and meet several key criteria will be
considered for relief from removal from the country or from being placed into
Removal Proceedings.  Those who demonstrate that they meet the criteria
will be eligible to receive “Deferred Action” for a period of two years,
subject to renewal, and will also be eligible to apply for work permits.

“Deferred
Action” is not permanent legal status or citizenship.  Rather “Deferred
Action” is a way to allow those young people, who have been in this country
since they were young, to complete their education or begin their careers.

Preliminary
information indicates that eligible applicants must each meet the following
criteria:

  • Has
    come to the U.S. under the age of 16.
  • Is
    15 to 30 years old as of June 15, 2012.
  • Has
    continuously resided in the U.S. for at least 5 years preceding June 15,
    2012.
  • Is
    present in the U.S. on June 15, 2012.
  • Is
    currently in school, has graduated from high school, has obtained a GED
    certificate, or is an honorably discharged veteran of the Coast Guard or
    Armed Forces of the U.S.
  • Has
    not been convicted of a felony offense, a significant misdemeanor offense,
    multiple misdemeanor offenses, or otherwise poses a threat to national
    security or public safety.

DHS Secretary
Napolitano has instructed both U.S. Citizenship and Immigration Services and
U.S. Immigration and Customs Enforcement to have in place a process to begin
implementation of “Deferred Action” for young people by August 15th.  More details will be forthcoming.

Young persons
who may qualify, their family, friends and employers should take note.  More than one million young persons are
expected to apply for “Deferred Action.” 
For more information about “Deferred Action” and benefits from this
major Immigration development, please contact Michael L. Kabik at (301)
231-0937 or mkabik@shulmanrogers.com.

The contents of this Alert are for informational purposes only, and do not constitute legal advice. If you have any questions about this Alert, please contact a member of the Shulman Rogers 
Immigration Group or the Shulman Rogers attorney with whom you regularly work.