Law Office of
Jeffrey B.Peltz, P.C.
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Brooklyn, New York 11242
Telephone: (718) 625-0800
Recent rule to stop deporting some young illegal immigrants
On June 15, 2012 President Obama ordered his administration to stop the deportation of young people, under certain circumstances, who came to the U.S. as young children. Under this new policy, people younger than 30 years of age, who came to the United States before the age of 16, who posed no criminal or security threat, and were successful students or served in the military, can get a two-year deferral from deportation.
As stated in a memorandum, dated June 15, 2012, from the Department of Homeland Security (DHS), DHSwill exercise its prosecutorial discretion when enforcing the nation's immigration laws against certain young people, who were brought to this country as children.
The following criteria must be satisfied before an individual is considered for an exercise of prosecutorial discretion:
As part of this exercise of prosecutorial discretion, the above criteria are to be considered whether or not an individual is already in removal proceedings or is subject to a final order of removal. No individual should receive deferred action unless they first pass a background check and requests for relief. Decisions regarding such individualsare to be made on a case by case basis. DHS cannot provide any assurance that relief will be granted in all cases.
For individuals who are granted deferred action by either ICE or USCIS, USCIS shall accept applications to determine whether these individuals qualify for work authorization during this period of deferred action. Keep in mind, that unless an additional deferral period is granted or a path towards legal status is provided by law deportation will become a threat again.
While this new policy takes effect immediately, USCIS and ICE expect to begin implementation of the application processes within 60 days by August 14, 2012. In the meantime, individuals seeking more information about this new policy should visit USCIS’s website (at www.uscis.gov), ICE’s website (at www.ice.gov), or DHS’s website (at www.dhs.gov). Individuals can also call USCIS’ hotline at 1-800-375-5283 or ICE’s hotline at 1-888-351-4024 during business hours with questions or to request more information about the forthcoming process.
This new policyprovides no substantive right, immigration status or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.
We will post immigration news updates as they occur. If you have any questionsabout how this affects you, call us at (718) 625-0800 to schedule a free consultation.
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