On June 15, 2012, President Obama’s administration issued a Memorandum on “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” (“The Obama Memo”) which provides for “an exercise of prosecutorial discretion” for individuals that meet the following requirements:
- came to the US under the age of 16 (before 16th birthday);
- has continuously resided in the US for at least 5 years before the Memo was signed (at least from June 15, 2007 to present);
- is currently in school, graduated from high school, obtained a GED, or was honorably discharged from the U.S military;
- has not been convicted of a felony or significant or multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and
- was under the age of 30 when the Memo was signed (was born before June 15, 1981); and
- is at least 15 years old when the application is filed.
The Deferred Action can be granted for up to two (2) years at a time and may be extended as long as the individual still meets the requirements. During the approved Deferred Action period, the individual receives protection from removal (deportation) and is eligible to obtain legal employment authorization.
If you or someone you know is currently living in the United States illegally and you think you may qualify for the Deferred Action program, the assistance of a qualified attorney can help to ensure that your application has the best chance of success possible. Contact the Austin immigration lawyers of the Law Office of William Jang, PLLC, at 512-323-2333 to speak with a qualified member of our legal team about your rights and options under the new law.
The Deferred Action is available for both individuals in removal proceedings and individuals who are not in removal proceedings. The individuals that are not in removal proceedings must file an application with the US Citizenship and Immigration Services (USCIS). That individual may also apply for employment authorization which will allow legal work in the US.
Not the DREAM ACT
The Deferred Action program is not the DREAM Act. Despite the fact that there are some similarities between the Deferred Action program and the DREAM Act, they are fundamentally different, primarily, because the Deferred Action program does NOT provide a path to permanent residency. To learn more about the DREAM Act and the differences between this proposed legislation and the Deferred Action program, click on the link under Deferred Action Resources labeled “A Letter from William Jang”.
The following is the attorney’s fee that the Law Office of William Jang, PLLC, charges for a typical case of this type when filed in the United States at the US Citizenship and Immigration Services (USCIS) (please read the disclaimer on this page) and the filing fee currently charged by US Citizenship and Immigration Service (USCIS):
$1,000.00 attorney’s fees
$465.00 US CIS filing fee (for Employment Authorization)
The Law Office of William Jang, PLLC, has extensive experience representing individuals in immigration matters. Please see a sample of approved cases.
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Deferred Action Resources
At the Law Office of William Jang, PLLC, we are dedicated to helping individuals understand issues that affect their immigration and citizenship status, and as such, we have provided the following resources about the Deferred Action program: