QUESTION: What do people need to do now in order to apply for the "DREAM" Deferred Action?
ARI SAUER THE IMMIGRATION ANSWER MAN: Right now there is nothing to do except gather your documents to show that you have been continuously living in the US for at least 5 years and from the age of 15 or younger, as well as gathering proof that you are in school, graduated from high school or got a GED or were honorably discharged from the US military. You can also contact your attorney to make sure you are eligible and to let them know you want to apply when it becomes available. If you wish to have me represent you in this process, you can schedule a consultation appointment with me by calling 901-682-6455 and let them know you are calling about the deferrred action law.
Right now there is no application process. If anyone offers to file your application for you now, especially if they are charging you a fee, they are trying to scam you and you should either report them to ICE by calling 1-866-347-2423 or tell me about them and I will contact ICE, if you are worried about contacting ICE yourself or giving them your information.
USCIS will announce the application process in another week or two. But USCIS has said that they will not accept applications until 60 days after June 15, 2012, the date of the original announcement of this rule. Any applications filed before then will be denied. So you will not be able to file an application with USCIS until the middle of August.
Right now the only people who should be doing anything other than gathering documents are those who have already received a final order of removal and are about to be removed. They should contact their lawyer immediatly or call ICE's Office of the Public Advocate at 1-888-351-4024.
For those people who are in removal proceedings before an immigration judge, ICE is currently reviewing all the case files to determine who is eligible. There is no need, at this time, to contact ICE to let them know you are eligible. They will go through your file. A procedure will be put in place to allow those people who were overlooked by ICE to have their case reviewed. But there is no such process yet.
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* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of New York and New Jersey. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.