DHS TO ROLL OUT NEW "CHILDHOOD ARRIVALS PROCESS" AUGUST 15, 2012

The Department of Homeland Security (DHS) announced on August 3, 2012, that it expects to have forms and instructions available for the new and much anticipated "Childhood Arrivals Process," which is intended to confer "Deferred Action" and employment authorization upon certain aliens for a period of two years.

Our understanding of the eligibility requirements thus far for this program is that aliens must demonstrate the following on a case by case basis:

1.  Came to the United States under the age of sixteen;

2.  Have continuously resided in the United States for at least five years preceding June 15, 2012;

3.  Are currently in school, have graduated from high school, have obtained a general education development (GED) certificate, or are honorably discharged veterans of the Coastt Guard or Armed Forces of the United States;

4.  Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;

5.  Are not above the age of thirty.

Applicants may apply for their employment authorization documents (EADs) simultaneously with the application for deferred action.  It appears that there will be a filing fee to DHS for this application and the accompanying EAD application, and that fee waivers will not be available for the EAD portion of the process.

This process will be available for aliens in removal proceedings, those with final orders of removal, and those who have never been in removal proceedings.

It appears that USCIS expects to be prepared to receive applications for this benefit from August 15, 2012, however prospective applicants would be wise to have their eligibility carefully assessed by immigration lawyers on a case by case basis before applying.  This is because all applicants will be required to submit to "biometrics" so that their backgrounds, including criminal history can be checked.  Hence, USCIS will likely discover any arrest and conviction records for such applicants.  Aliens with criminal histories are often vulnerable to denial of applications for relief and deportation, hence, such cases must be handled with the utmost of care.  Further, this relief is "discretionary," which means there are other non-criminal factors which could possibly cause denial of these applications.

Articles and posts on the internet, including this post are not intended as legal advise and aliens can only be certain or confident about their individual circumstances and processes through consultation and analysis by a qualified attorney.

We understand that there are non-lawyers who have started to accept fees and are making promises about the outcome of this process.  It should be understood that the process has not yet commenced and without instructions and a concrete understanding of the actual process, it is this lawyer's opinion that it may be premature to actually hire a professional for assistance in these matters until at least August 15, 2012. 

We are excited about these developments and looking forward to advising and assisting candidates for this new form of relief.

By:  Duane M. Hamilton