With Possible Immigration Reform, Eligible DREAMers Should Apply Now for Deferred Action

Despite the frequent changes and amendments to the proposed  immigration reform legislation, it seems one group should benefit no matter what the final version of the legislation looks like as long as it is passed – DREAMers. DREAMers are people who were brought to the U.S. illegally (or overstayed their authorized period of stay) as children.  Certain DREAMers are now eligible for temporary protection from deportation and work authorization via a request for Deferred Action for Childhood Arrival. The proposed immigration reform legislation has consistently referenced DREAMers in the list of people who would be eligibile to legalize their status, and potentially earn the right to apply for U.S. citizenship.

So any person who is eligible for Deferred Action for Childhood Arrivals (DACA) should apply now. At the very least, if approved, the DREAMer would receive protection from deportation for two years and a work permit.  A DACA recipient, however, still does not have lawful immigration status – no green card – only the temporary ability to stay in the U.S. and work as long as DACA is in effect.  If immigration reform passes, however, all signs indicate that DREAMers who were approved for Deferred Action will be able not only to legalize their status, but also be afforded a pathway to citizenship down the road. Read more to learn if you are eligible.

What is deferred action?

Deferred action means that the government has chosen not to pursue removal proceedings against you right now even though you can be deported under the law. Deferred action does not create a path to legalization. It does not allow you to petition for relatives to get any sort of legal status either.

How much will it cost to file the Request for Deferred Action for Childhood Arrivals?

The government filing fee is  $465 for both the work authorization and biometrics.

Do I need an attorney?

Depending on how complicated your personal situation is.  A consultation is always wise before you began the application process. CAUTION: DO NOT GO TO A NOTARIO.  They do not have the legal training and cannot lawfully give you legal advice.

To ensure that your request is accepted for processing, it is important that you review your entire request package before you file with USCIS. A consultation with an experienced immigration attorney is highly recommended to confirm your eligibility, inform you of risks and watchouts, and advise you regarding future potential options to legalize your status and of the best evidence to submit (and not to submit) to increase your chances of approval of your Deferred Action request. Contact The Law Office of Tanya M. Lee today at 480-559-9529  for a confidential consultation.

Click Here to Learn 11 Filing Tips for DREAMers Deferred Action for Childhood Arrivals

You Are eligible for Deferred Action for Childhood Arrivals if you meet the following criteria:

  • Under 31 years old on June 15, 2012
  • Arrived in the US before age 16
  • You must be at least 15 years old to apply
  • If you are already in removal proceedings, you are protected under this policy even if you are less than 15 years old
Continuous Presence
  • You must have lived in the United States continuously for at least five years, between June 15, 2007 and June 15, 2012.
  • You must have been present in the United States on June 15, 2012
Education or military service At least one is true:

  • You are currently in school
  • You have a high school diploma
  • You have a general equivalency diploma (GED)
  • You were honorably discharged from the US Coast Guard or Armed Forces
No criminal history You have not been convicted of anything below

  • A Felony
  • A Significant Misdemeanor
  • Three or more Misdemeanors of any sort

The Department of Homeland Security does not consider you

  • A public safety threat
  • A national security threat


  • Guest

    I was caught shoplifting at age 15 do I still cualify for Deferred Action