This post does not constitute legal advice or direction. Aliens seeking immigration benefits should always consult with an immigration attorney regarding their specific matters prior to applications for benefits.
President Obama's Department of Homeland Security (DHS) announced this morning that through its prerogative of "Prosecutorial Discrition, " it will no longer seek deportation of, and will provide a work permits for, aliens who meet the following criteria:
1. Alien must have come to the United States under the age of sixteen;
2. Alien has continuously resided in the United States for at least five years preceding June 15, 2012;
3. Alien must currently be in school, or must have graduated from high school, or obtained a general education development (GED) certificate, or must be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
4. Alien must not have been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and
5. Alien must not be above the age of thirty.
This new policy applies to aliens who are encountered by Immigration Enforcement officials in the field, aliens who are in Removal Proceedings, but not yet the subject of a final order of removal, and aliens not currently in removal proceedings, who all meet the above criteria.
USCIS has been directed to begin implementation of various processes relevant to this general policy within the next 60 days.
Aliens however, should understand that what is being reported in the news about this policy, often does not cover the entirety of the policy memorandum which sets the policy in motion. Aliens who have final orders of removal and criminal records of any kind should consult with an immigration attorney. Further, it would be wise for any alien contemplating this benefit to first seek consultation with their immigration lawyer.
Immigration attorneys themselves will be reviewing the policy memorandum and making sense of how the policy may be applied. Chow & Hamilton will now be undertaking a comprehensive review of its active cases to determine who among its existing clients may qualify and/or pursue this benefit.
By: Duane M. Hamilton
