H1B Specialty Occupations Visa Deferred Action For Childhood Arrivals (DACA)

President Obama’s Mini - Dream Act And What It Can Mean For You Or Your Loved Ones

President Obama's administration announced on June 15, 2012, that it would implement a new government policy of granting temporary immigration benefits to persons under 30 years of age.

The new policy that some observers labeled, a mini Dream Act, will grant what is known as "Deferred Action," to potentially hundreds of thousands of young immigrants currently in the U.S.

Under this new policy persons under 30 years of age as of June 15, 2012 can obtain temporary legal status and employment authorization if they can prove that they are:

  • Under the age of 30
  • Have resided in the U.S. for at least five years,
  • Came to the U.S. while they were under the age of 16
  • Are presently in the U.S., are presently in school
  • Have graduated from high school, have obtained a GED certificate, or are honorably discharged from the U.S. Coast Guard or Military
  • Have not been convicted of a felony, or of a misdemeanor offense labeled "significant" or have not been convicted of two or more misdemeanors

The memo issued by the Department of Homeland Security states that the USCIS is instructed to commence administration of this new government policy within as little time as 60 days and that the new policy applies to persons who are in the U.S. and regardless whether they are in removal (deportation) proceedings or are subject to a final order of removal, (deportation.).

Persons who qualify can obtain deferral of any deportation or removal proceedings instituted against them and may apply for employment authorization. The government states that benefits are granted on a case by case basis and initially are granted for a two year period with extensions available.

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