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Marilyn Orbach-Rosenberg
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New York Deferred Action Immigration Attorney in New York City and Queens

In June 2012, more than one million undocumented immigrants currently residing in the United States became eligible for Deferred Action, meaning that the government would postpone taking any action to deport or remove them for two years. Eligible individuals can also have their Deferred Action status renewed to extend their temporary status beyond the initial two-year period. Meanwhile, these immigrants may obtain work authorization to work in the United States. New York immigration attorney Marilyn Orbach Rosenberg of Orbach Rosenberg Law helps eligible individuals through the process of obtaining Deferred Action so they can live and work in the U.S. without the constant fear of deportation or removal.

What are the requirements to qualify for Deferred Action?

The Deferred Action for Childhood Arrivals (DACA) applies to individuals who arrived in the U.S. before they were 16 years old. In addition to arriving before your 16th birthday, the following other rules must also apply in order to eligible for Deferred Action:

  • You must have been less than 31 years old on June 15, 2012
  • You must have been continuously residing in the U.S. since June 15, 2007 up until the present
  • You must have been physically present in the United States on June 15, 2012
  • You must be physically present in the U.S. at the time you make your Deferred Action request
  • Either you entered without inspection before June 15, 2012, or your lawful immigration status had expired as of June 15, 2012
  • Either you are currently in school, or you have graduated or obtained a certificate of completion from high school or a GED, or you have been honorably discharged from the U.S. Armed Forces or Coast Guard
  • You cannot have been convicted of a felony or significant misdemeanor, or three or more of any misdemeanors total
  • You do not pose a threat to national security or public safety

In most cases, you must be at least 15 years old to apply for Deferred Action, although you may request Deferred Action if you are younger than 15 if you are currently in removal proceedings or are under a final removal order or voluntary departure order, as long as you are not in immigration detention.

You will be required to prove that you meet all of the eligibility requirements in order to be considered for Deferred Action. An experienced New York immigration lawyer at Orbach Rosenberg Law can help you gather the documentation you need and prepare a solid application.

What is the process for Deferred Action?

  1. Gather up the documents you will need to prove you meet the guidelines (for example, passport, birth certificate, school records, employment records, military records, rent receipts, tax receipts…)
  2. Complete USCIS forms I-812D Consideration of Deferred Action for Childhood Arrivals, I-765 Application for Employment Authorization, and I-765WS Worksheet
  3. Mail in your completed forms and applicable fees to the USCIS Lockbox
  4. Submit to biometric services at an Application Support Center near you, such as the one in Jamaica (Queens), Bronx, Brooklyn or Manhattan
  5. Check the status of your request online at My Case Status

The process includes a 90-day period for reviewing the forms you submit, so expect that the process will take several months. Be wary of companies promising to get you through the process more quickly for a fee. These may simply be scams to take your money without helping you at all.

Will I be able to obtain a Driver’s License?

Yes. Once you are approved for deferred action status and obtain an employment authorization or work permit, you can apply for a Social Security Number at your local Social Security office by presenting your passport, birth certificate and employment authorization. With a Social Security Number and work permit, you can apply for a New York State driver’s license, assuming you meet the other requirements for a driver’s license under New York state law.

Deferred Action is Hope for DREAMers. Get Help Today from an Experienced New York Immigration Attorney

Deferred Action is not the DREAM Act, but it should give DREAMers some security and hope that a more permanent solution may come in the future. If you have other questions about Deferred Action or are considering requesting Deferred Action, contact Orbach Rosenberg Law in New York City for advice and assistance from an experienced New York immigration attorney.

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