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DREAM ACT: “DEFERRED ACTION for CHILDHOOD ARRIVALS” (“DACA”) POLICY ALLOWS WORK PERMITS FOR ILLEGAL STUDENTS

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Deferred Action for Childhood Arrivals (DACA)

A new American immigration policy allows some dreamers under the age of 30 to be granted a dreamer work permit and be temporarily safe from deportation if they were:

  • Brought to the United States before they turned 16; and,
  • Be under the age of 31 on June 15, 2012; and,
  • Present in the U.S. for 5 years as of June 15, 2012 ; and,
  • Has not been convicted of 1 felony, 1 significant misdemeanor or 3 or more minor misdemeanors; and,
  • Maintained continuous residence in the USA since June 15, 2012; and,
  • Is currently in school OR has graduated from high school OR has obtained a general education development certificate (GED) OR are honorably discharged veterans of the Coast Guard or Armed Forces of the United States; and,
  • Pass a background check.

How old do I have to be to apply for deferred action?

You must be at least 15 years of age or older at the time of filing your application. If you are not yet 15 years old but meet the requirements for DACA, you can file your application after you turn 15 years old.

There is one exception. You can apply for the DACA work permit if you are not yet 15 years old, if you are in removal proceedings, have a final removal order, or have a voluntary departure order, and are not currently being detained by immigration.

What Status Would I Have if I Am Granted “Deferred Action?” Does it Give Me “Legal” Status?

Deferred action is a discretionary determination to defer removal action of a dreamer as an act of prosecutorial discretion. Deferred action does not give lawful status upon a dreamer. In addition, although a dreamer who is granted “deferred action” will not be considered to be adding unlawful presence in the United States during the period when the deferred action is in effect, deferred action does not absolve individuals of any previous or subsequent periods of unlawful presence.

Under existing regulations, a dreamer who has been granted deferred action is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.

What Criminal Offenses qualify as a “significant misdemeanor”?

A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs. Not even 1 significant misdemeanor is allowed.

Driving under the influence (DUI or DWI) always considered a “significant misdemeanor” regardless of the jail time the judge ordered. Sorry.

What Criminal Offenses qualify as a regular (non-significant) misdemeanor?

A non-significant misdemeanor is any misdemeanor where the maximum jail time the judge could have ordered is only one year or less but greater than 5 days AND is not included in the list above AND is one where the person was sentenced to jail time of 90 days or less.  Jail time for an immigration hold does not count.

What If I had a Minor Traffic Ticket?

A minor traffic ticket (like driving without a license) is not considered a misdemeanor at all.  But if you have a lot of traffic tickets, your entire history can be considered to decide whether to grant you the work permit or not. We have not been told what a “lot of tickets” means.

What if I had a Juvenile or Expunged Conviction?

You have to still put the information on your application, but expunged convictions and juvenile convictions do not automatically disqualify you.  The government says they will decide these cases on a “case-by-case” basis.

After I Get the DACA Work Permit Can I Get A Green Card or USA Citizenship?

The new law will not lead to green cards or USA citizenship at the present time, but can remove the threat of deportation and grant the ability to work legally, allowing eligible immigrants able to legally remain in the United States for extended periods. We need the real Dream Act to be passed by Congress to get green card status for dreamers.

What Form Will I Use for My Dreamer Work Permit And What Might the Fees Be?

The complete dreamer DACA forms, instructions, and mailing address have been released. The application can be submitted at any time.  Thus far, there is no deadline. The fees for the dreamer work permit are $465.

What About My Family? Is Information Put on DACA Application Confidential?

The government is saying that information put on the  DACA forms will be protected from disclosure to ICE or Customs and Border Protection (CBP) for purposes of removal proceedings unless the student can be deported. Similarly, information related to applicants’ family members is supposed to be kept confidential and is not supposed to be used for immigration enforcement purposes unless the student can be deported.

However, the student’s information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense.

What About Brief Casual Absences from the U.S. before August 15, 2012?

The government is saying that brief, casual, and innocent absences from the United States before August 15, 2012 is not supposed to interrupt your “continuous residence” if:

1. The absence was short and reasonably calculated to accomplish the purpose for the absence;
2. The absence was not because of an order of exclusion, deportation, or removal;
3. The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and
4. The purpose of the absence and/or your actions while outside the United States were not contrary to law.

Will I be Able to Travel Abroad after August 15, 2012?

Travel abroad may be permitted for specific purposes for dreamers, such as humanitarian purposes, employment or educational purposes. However, the government is saying that dreamers who have been granted DACA work permits will need to submit Form I-131 (a travel permit request), pay the I-131 application fee, and have the I-131 application approved before he/she can travel abroad. USCIS will need to determine whether your purpose for international travel is justifiable in order to issue the “advance parole” travel permit.

NOTE: You have to have your DACA request approved before you apply for the I-131 Advance Parole.
NOTE: If you leave the U.S. without the I-131 Advance Parole after August 15, 2012, you will not be considered for deferred action.

What if I Entered Without Inspection or My Lawful Status Expired?

USCIS has also clarified that DACA will be available for dreamers who entered without inspection before June 15, 2012 as well as to those dreamers whose lawful immigration status expired as of June 15, 2012, as long as they are otherwise eligible.

New Information on Students With Criminal Convictions:

The Immigrant Legal Resource Center published  “Understanding the Criminal Bars to the Deferred Action Policy for DREAM Act‐Eligible Individuals”.

Will I Be Able to USe Affidavits as Supporting Documents?

The government says that affidavits (which are really just written statements or letters) are not generally sufficient on their own to demonstrate that a dreamer meets DACA guidelines. However, affidavits can be considered to support the DACA application if other documentation available to you is missing in the following circumstances:

• A gap in the documentation demonstrating that you meet the five year continuous residence requirement; and
• A lack of documentation about brief, casual and innocent departures during the five years of required continuous presence.

If you submit affidavits related to the above criteria, you must submit 2 or more affidavits, sworn (notarized) by people other than yourself, who have direct personal knowledge of the above events and circumstances.

USCIS says it will not accept affidavits as proof of other criteria to qualify for DACA. Please read the DACA instructions carefully about affidavits.

If Granted DACA, Will I Still Accrue Unlawful Presence if I am Under 18 Years Old?

the government says dreamers will continue to accrue unlawful presence while the request for consideration of Deferred Action for Childhood Arrivals is pending, unless you are under 18 years old at the time of the DACA request. If you are under 18 years old at the time you submit your request but turn 18 while your request is pending with USCIS, you will not accrue unlawful presence while the request pending. If your DACA case is granted, you will not accrue unlawful presence during the period of deferred action. Having removal action deferred on your case will not excuse previously accrued unlawful presence.

If I am Denied, Can I Appeal?  Is It True There are No Appeal Rights?

The government says that you cannot file a motion to reopen or reconsider, and cannot appeal the decision if the USCIS denies your request for consideration of deferred action for childhood arrivals. USCIS will not review its discretionary determinations.  However, there are a few exceptions (read the DACA instructions carefully).

When Can I Apply for a DACA Work Permit?

The DACA applications can be submitted anytime on or after August 15, 2012.  So far there is not a deadline.

Does Deferred Action Result in Permanent Lawful Status for Me or Any Of My Relatives?

No. The grant of deferred action under this new directive does not provide an individual with permanent lawful status. Only the Congress, acting through its legislative authority, can confer the right to permanent lawful status.

Are You Sure I Should Apply?  What If It Doesn’t Work?

As of October 1, 2012, Daca work permit applications were submitted by 179,794 dreamers. Out of those, only 4,591 were approved.  We don’t know yet how many were denied.

For dreamers whose requests for deferred action end up being denied by USCIS, the USCIS may apply its existing Notice to Appear (NTA) guidance governing USCIS’s referral of cases to ICE.

What does that mean? Dreamers whose DACA requests are denied  may be referred to an ICE Officer (the deportation officer) if they have a criminal conviction or there is a finding of fraud in their DREAMer deferred action request.  In other words, it is possible for a DREAMer applicant to be deported if their DACA application is denied for certain reasons.  Please also read PROS AND CONS OF DACA DEFERRED ACTION by Dreamactivist.org.

deferred action for chldhood arrivals

  If I Call the USCIS Customer Service Number and Ask a Question, Can I  Trust the Answer of the USCIS Agent Who Answers the Phone?

The USCIS National Customer Service Center is expanding its hours to include Saturdays from 9 a.m. to 5 p.m. Live agents will now be available Monday – Friday, 8 a.m. – 8 p.m. and Saturdays from 9 a.m. to 5 p.m in each time zone.

However, the USCIS Agents who answer the phone are not immigration officers or immigration attorneys and do not know all of the immigration rules.  You definitely cannot trust the answer of the agents. Think about it for a minute – they get hundreds of calls and simply do not have the time to get your complete history, they don’t know what questions to ask you, and they are reading their generic answers off of a card that was prepared for them to read.  Regrettably American Immigration law is far too complicated in many cases to give a simple 30 second answer.Follow Me on Pinterest

If I Can’t Trust the USCIS, Who Can I Trust?

If you would like a reliable source of information, you will look for an Immigration Attorney with at least 10 years of experience, and one that is a member of the American Immigration Lawyers Association (AILA).  Please do not expect an instant answer from an immigration attorney about eligibility for DACA  – that is a sure sign that the immigration attorney is not spending the time necessary to learn all about you and consider all of the immigration policies, laws, regulations, and immigration judge court opinions that may impact your particular case.

NEED TO FIND OUT HOW MUCH AN IMMIGRATION ATTORNEY CHARGES?  

DACA Immigration Attorney Danielle Nelisse (Member of AILA)

We can represent students for their DACA work permits in all states.  If you would like information about how much we charge to assist you with the DACA  work permit application, contact Danielle Nelisse, Senior Immigration Attorney, toll free at (877) 884-6644 or (619) 235-8811 or email her at  danielle@immigrationworkvisa.com.  

Each DACA work permit case is different and that is why our legal fees are not listed here.  We can charge a lower amount of legal fees to dreamers if we thoroughly review & critique your application before submission, or we charge a higher amount of legal fees if we do all of the work for you.  We also can accept credit cards/paypal for the legal fees and the government fees.

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190 comments on “DREAM ACT: “DEFERRED ACTION for CHILDHOOD ARRIVALS” (“DACA”) POLICY ALLOWS WORK PERMITS FOR ILLEGAL STUDENTS

  1. Jorge
    December 5, 2013

    I filed for the deferred on September 2011 but was dined because I didn’t have enough information about me being here 2007-2009. I’ve lived here since 94 I graduated high school and graduated in 2005. Can I file again??

  2. yasmin
    September 11, 2013

    My question is can use a online diploma instead of the Ged…..

  3. mondragon
    July 4, 2013

    what if i came on july 30 2007 do i still qualify ??????? I graduated from High school and have done a lot of community service at my church and different places …thank you

    • callejasjatziry
      August 19, 2013

      Nope. I went through several lawyers and Q&A groups. I came in the 17 of July. We don’t qualify :(

  4. Johnny
    March 16, 2013

    i had a question? I have missed 3 weeks of school does that count against me? I took some excuses to school but im worried that it will affect me. Because me and my sister both applied at the same time and same place and she already got hers its been almost 3weeks that she got hers and i have not received a thing, my sister graduated and dosen’t have a criminal record and she has a degree. I am still in school 11th im worried beause i have been arrested before, never in jail or juvi dough they would just call my mom to pick me up, they would all just be assault and one cause i had weed. Please reply if you have an answer.

  5. Oksana Mauricio
    February 25, 2013

    Thank you so Much for this information:)!!!
    It was truly helpfull!

  6. Juan
    January 31, 2013

    I came to this country at age of 15, but i have no record from 2007. Because, where i worked they paid me in cash. Can i apply??

  7. Dev
    January 27, 2013

    Hello

    I needed some assistance for my cousins. My aunt is a green card holder with 2 kids one is 17 and other is 20. Both kids now have their work permits through DACA which will expire in nov 2014. Question is can my aunt file for them under her permanent residency? Category 2a? Also, it will take approx 3 years for their visa num to be available so in the mean time will they still be eligible to renew their work permits under DACA or once my aunt files I130 they can’t renew their work permits? Please advise

    Thank you

    • immigrationworkvisa
      March 12, 2013

      Dear Dev:

      It depends on whether they are eligible to “adjust” their status from DACA to green card holders. Sorry, but you
      are going to have to take their paperwork to an immigration attorney and pay for a legal opinion. This is too important to rely on free blog advice.

      Kind regards, Danielle Nelisse
      http://www.immigrationworkvisa.com

  8. unknown
    January 11, 2013

    hello, what my girlfriend and i have a baby, i work and get paid under the table but it is not enough for us to survive, if we apply for welfare does this affect me in any way when i apply for this or will it affect me in applying for the dream act? please help.

  9. Elisa
    December 3, 2012

    hi, my family and i came to the usa around 1999 when i was around 11 yrs old and overstay. i got my high school diploma at the age of 17. i started my first year in college in 2010 at the age of 21 paying out of state tuition and full in full time as a student. i took a year off college in 2011 of july. where i met my husband (which was my bf at that time) My husband and i got married in court in march 2012 and heard about the daca card on the news. My husband is in the military army national guard which is very part time and in the process of looking for a full time job. If i apply for the Daca card first then later my husband apply for my green card, will it mess everything up? Cause i also wanna join the miltary soon.

  10. Hopefull
    November 11, 2012

    Once I am accepted, will I be allowed to join the armed forces or military?
    I have been trying to find this information to no avail. Thanks ahead of time for your responses.

    • Anonymous
      November 27, 2012

      yes. you can just make sure you get everything first like your social security card and then you can apply for the force.

    • Anonymous
      December 6, 2012

      No you can’t , I find out bye lawyer

  11. SLC Dreamer
    November 10, 2012

    Hello can someone tell me where I can get more information about the fallowing. I’d would like to know if I can apply for the deffered action if I have taken the GED test but failed 2 subjects.
    I am already enrolled for the retake of those two subjects, do I have to wait untill I obtain the GED or can I apply now.

    • Enzeru
      December 9, 2012

      If this still helps you. No you don’t have to wait, as long as you show proof that your enroll for the retakes.

    • Oksana Mauricio
      February 25, 2013

      I think you should apply anyway and have a proof that you have been trying for your GED and letting them know that you really want this and be persistent !!! Do never never quit ! That will make immigration see that you are interested!! Also , Cry out to God for every step of your documents and watch He will answer you because if He could do it for me , then your ain’t nothing but a thing !!!

  12. Angel
    November 10, 2012

    I received my work permit by mail the other day I send them my pay stubs, my tax forms. so for those who also worked ilegally don’t feel discourage that didn’t disqualified me

    • Anonymous
      November 15, 2012

      Can u leave and go to Mexico for faction with a work permit

  13. SLC Dreamer.
    November 10, 2012

    Hi I can someone tell me where I can get more information about the GED.
    I live in SLC, UT I have taked the GED but failed 2 of the subjects, I am already enrolled for the retake would I be able to apply or do I need to obtain the GED before doing so.
    Thanks!

  14. Anonymous
    November 9, 2012

    Does anybody know if you can join the military or armed forces if you get approved? I really want to know because I want to join.

  15. Anonymous
    November 5, 2012

    does anybody know if you can apply if you receive welfare?? will that affect you??

  16. maria davila
    November 1, 2012

    What do they mean by ” Deferred action does not give lawful status upon a dreamer.”?

    • immigrationworkvisa
      November 1, 2012

      Dear Maria:

      Deferred action is a kind of administrative relief from deportation that has been around a long time. Through it, DHS authorizes a non-U.S. citizen to temporarily remain in the U.S. The person may also apply for an employment authorization document (a “work permit”) for the period during which he or she has deferred action.

      Basically, someone who is granted “deferred action” is sort of in the USA legally because the government is agreeing not to deport them while they are in their “deferred action” period. But technically, granting someone “deferred action” is only a temporary agreement not to deport them – and not a grant of lawful status.

      Regards, Danielle Nelisse
      http://www.immigrationworkvisa.com

  17. Daniel
    October 29, 2012

    I went to take my fingerprints from this stage how long do i have to wait to get my work-permit??

    • selene
      November 7, 2012

      Hello everyone I entered all my paperwork on August and recived a letter 2 weeks later that they had recived my payment and paperwork… 2 weeks later they sent me another paper with my fingerprints appoinment.. 2 weeks later I recived a paper saying that i was approved and recived my working permit the next day. I went to the social security office the following day and recived it a week after. I took my driving written test. And passed now I’m waiting for my driving test to get my license It’s a couple month process lots of paperwork but totaly worth it keep calm. And you can always check your status online . To calm nervs a bit .. I hope this helps someone.

      • Beatriz H
        December 6, 2012

        Selena, Thanks for the information. Do you have to Email where I can check my status. Thank you

      • Anonymous
        December 6, 2012

        should i be worried if its been 3 months since i have applied and 2 since i went for my fingerprints and i havent received anything yet?

        • immigrationworkvisa
          January 4, 2013

          Dear Anonymous:

          It is not unusual for a work permit to take 4-8 months to process. But if you don’t hear anything within 6 months of filing the daca applications, you could ask a local Congress Representative to inquire about your case for no charge just to check on it.

          Kind regards, Danielle Nelisse
          http://www.immigrationworkvisa.com

        • Johnny
          March 16, 2013

          It has been 3 months since i got my biometrics take and nithing yet

      • Elisa
        December 24, 2012

        hey, when you went to get your socia security number did they asked for a passport that was not expired?

    • Anonymous
      December 1, 2012

      About 1 week. I got mine in one week

  18. Dania
    October 27, 2012

    If I had a dui when I was 17,do I still qualify for the deffered act? If I fill in the application and dont get approve will they deport me?for the dui I got when I was 17?

  19. Magalie
    October 24, 2012

    Is there a deadline? And what happens if Romney is elected president?

    • Ana
      October 29, 2012

      Nobody can change it… So there’s no worries

  20. Vna
    August 20, 2012

    ;)))

  21. Ana
    August 18, 2012

    I worked a couple of times “illegally” is this going to affect me?

  22. Tony
    August 17, 2012

    Hello, I came to the US two months after I turned 16. Went to high school but did not graduate, I have worked all this years and pay my taxes since 2005. Do I still qualify?

  23. Alex
    August 17, 2012

    I live in california i came to the us when i was 6 years old im 22 now i have a certified nurse assistant license issued by the state of california and also a guard card also issued by the state i got them by not so legal way as im an illegal inmigrant does that disculifies me?

  24. Anonymous
    August 16, 2012

    I turned 31 yrs of age on may. 25,2012. i have my high school diploma. can i apply for this dream act? or am i ineligible because of my age?

  25. Claudia Garcia
    August 15, 2012

    Will I still qualify if I don’t have month by month proof that I have been in the united states for the past five years I have year by year proof

  26. Jaayy.
    August 15, 2012

    I am 17 and just started senior year could I still apply??

    • Libni
      October 23, 2012

      As long as you are over the age of 16 and you came to the US before the age of 16 and have proof of it, then yes you can apply.

  27. duskie
    August 15, 2012

    I came here in the US when i was 22 yrs old after i graduated with a degree in college using my tourist visa. And never went back home since then. now im 29yrs old. I never worked nor went to school here. can i apply too?

  28. V
    August 15, 2012

    i want to apply but i dont know what to do since my brother just turned 21 and he was born in the US but i wasnt im 18 now is it easier for my brother filing so i can i guess become a resident? He applied for my mom already in february 2012, they accepted her and we’re waiting for her to get some documents, she is out of the US (Mexico)
    Please help

  29. LC
    August 15, 2012

    Im 26 years old came in 2 months before i turned 16. I never went to school. Learned English from my family. I have always worked since i got here. I’m now enrolled to get a GED. CAn i apply? I also dont have much proof that i got here before i was 16.

    • lopez
      August 29, 2012

      no

    • Libni
      October 23, 2012

      For you i think you would have to get your GED first and then apply. BUT you have to have at least one document that proves you were here before the age of 16 (rent agreement can work), one document that proves you were here on June 15 (the day the law was passed) and documents from june 2007- june 2012 that prove you lived here continuously, at least one document per year (bank statements, taxes, rent agreement, medical bills etc)

    • Katherine Estevez
      December 4, 2012

      You need proof showing you got here before the age of 16. School records, Doctor Records, pictures, Work Records, etc. Anything you can use showing you were here at age 15. You could apply if you have that information.

  30. Magalie
    August 15, 2012

    Is there a certain date you have to apply before?

    • immigrationworkvisa
      August 15, 2012

      Magalie, you can apply at any time. So far they have not published a deadline for when this will stop.

  31. Sandra
    August 14, 2012

    I came to the US with a B2 Visa, do i still apply?

  32. ROSALBA VILLANUEVA
    August 14, 2012

    I Want to know How much are they going ro charge for the applocation also How long will the applocation take for then to Deny it or aprove it.

  33. Anonymous
    August 14, 2012

    where do we need to go in order to fill out the application? i live in sacramento

  34. anonimo
    August 13, 2012

    i met all the requirements but i have worked here illegaly can that affect me. i did it becuase it was the only way to pay for my college-:(

    • Ana
      August 18, 2012

      I have the same question has anyone helped you out on that

  35. karina
    August 10, 2012

    hi im 16 turning 17 next month and im enrolled on online classes to get my ged can i still be approved i had to leave school because i had a baby please reply

    • Miztly
      August 13, 2012

      (sorry i postes this on Your comment, but i Believe it will help You and others)

      http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD

      That is the official USCIS site, the place were You will Get the most adequate information. I recommend reading it throughly and writing any question You might have then contacting a lawyer or various to Get their professional input. Also, read Other more current websites (i.e. Ksl new, CNN new, fox new, etc.) and if possible, go to seminars. Its fine to ask general questions, but its better to do Your on research, or else there is a chance of receiving incopetent answers from people Whom might try to be Helping. Any more personal answers, i will repeat, talk to a lawyer, every case/situation is different. They (lawyers) will be Able to give You the best answer, but dont just go with one, ask various lawyers, then You conclude to what is better for yourself.

  36. daphne
    August 6, 2012

    hey i came here when i was 13 years old but there was a froud with my entrance to the country, but at the time i had no idea what my parents where doing. although that i qualify for the dream act if this froud was to be found what can possibly happen to me?

  37. Karen
    August 6, 2012

    If I Am 18 an still attending high school my senior year can I still apply for it or do I need my high school diploma first????

    • Miztly
      August 13, 2012

      You do not have to be graduated from high school, but You must be enrolled. I recommend You Get a transcript from Your current high school.

  38. Nessa
    August 6, 2012

    I meet all the requirements. Came here when i was 11. Now im 20. I graduated from hs in 2011. This last year i didnt attend school or work. Therefore i have no proof that i was living here this past year. Would this be a problem ?

  39. Hector
    August 6, 2012

    Well my parents brought me to the U.S.A when i had 5 years old.Now i am 15 years old and its being very difficult for me.For the fact that in my freshmen year i left to mexico because my parents didint whant to be in the U.S.A anymore, cause of jobs, house ,etc .Well now i have eight months living here in Tepic ,Nayarit Mexico and i was wondering if i can apply for a visa ,then i can go to the U.S.A and apply for the dream act ? My main focus is to remain in school and study to have a succesfull life . Thanks for reading and hope you reply .

    • Miztly
      August 13, 2012

      I recommend talking with various lawyers

  40. myself
    August 5, 2012

    Can I travel inside the U.S. with a work permit?
    for example from Florida to New York?

    • Anonymous
      January 7, 2013

      That’s exactly what I’m trying to find out, please if someone can give me some information about this I will be so thankful

  41. clara
    August 4, 2012

    please help me…i was brought here when i was 13 today i’m 25 but i didnt finish high school but i am starting classes in september to get my ged anytime soon is there stiil time for me?what do i have to do?

    • Ana
      August 5, 2012

      Asking as your enrolled in the GED program your good just show proof that your in process of getting your GED

      • jeanette
        August 13, 2012

        Have u heard anithing yet I have the same question

  42. Anonymous 
    August 4, 2012

    I got a question, hopefully someone could have an answer for me. A student who only accomplish a certificate and not a high school academic diploma can they still apply?  Also, if u got accepted to a comunity college but are Not taking classes because they are asking for proper documentation that you dont have, can that help you??

  43. daniela
    August 3, 2012

    Will we be able to vosit pur families in our native country I was brought into the U.S. At one year old I’m turning 20 soon.
    I don’t know any other county besides this one and I only wish to see my grandma at least on
    ce in our lives

  44. Anonymous
    August 3, 2012

    wow this is a such a relief for so many dreamers :-)

  45. chio
    July 31, 2012

    I came to the United state when i was 16 years and half.however I met all the requirement that they ask.. I am wondering if I still quialify for the deferred action.thank you….

    • Mm
      August 13, 2012

      I honestly think that that will Bring You problems. From what i know, the requirements must reached exact. I recommend talking to various lawyers and see what they recommend.

  46. Claire Li
    July 31, 2012

    I have lived in California for 10 years now. I graduated from an American high school, and am currently attending an American university on F1 visa. I fulfill all the requirements… but I am here legally (I used to hold the TD visa and now the F1 student visa). Can I still qualify for the Dream Act?

    • Anonymous
      August 2, 2012

      I think this is only for those who have been here “illegally” but you have to wait until they release the official rules and regulations of the policy.

      • Ana
        August 5, 2012

        Not neccerally “illegal” if your here with visa you still qualify
        I was 4 when we arrived here with passport/visa but my mom never bothered renewing it

  47. Anonymous
    July 31, 2012

    I been living here since December of 2007, will I have to wait until the 5 years or can I apply on August 15?

    • Unknown
      August 5, 2012

      It says you have to have been in the us 5 years as of june 15 2012 but it is still unknown

  48. ana
    July 31, 2012

    i heard we need to do a biometric test to, but is that on our part or is the USCIS gonna give us an appointment

  49. Mayra
    July 29, 2012

    With this new law and if we are graanted lawful residence are we going to be allowed to leave the country and come back? What I mean is if we are going to be able to go visit our birth countries and our familie? I came to the US when I was 8 years old and Im now 18 all my faamily is in Mexicoi and one of my biggest dreams is to be able to goi and visit them…

    • Anonymous
      July 31, 2012

      its a permit not a visa…… this permit would only give you the oppurtunity to work legally, have a Social Security Number, have a driver licence, etc..in other words become legal here ….but not travel outside the country….thats why its a permit,it has limitaions…

  50. Anonymous
    July 27, 2012

    Don’t get to exited about it cause if another president wins the campaign they will take all of ya’lls permits away and y’all are gonna be deported! It’s gonna be an easy way to get rid of immigrants whatch…

  51. Anonymous
    July 26, 2012

    i am here since january 2003 i am now in the ninth grade and i am wondering if the school grade i am in will affect me for the dream act?

  52. Anonymous
    July 25, 2012

    I came a week before turning 16 and I have my GED and been here for nine years can I still apply since I came here illegally?

    • Anonymous
      July 31, 2012

      yes you can

  53. Gerardo Salazar
    July 24, 2012

    Hi im 17 years old and i am currently in High School…do I still get to apply even though i am still studying?

    • Anonymous
      July 31, 2012

      if you were brought before 16 and you have been here for 5+ yes you can

  54. Anonymous
    July 23, 2012

    My mom, my sister and I were in removal proceedings when my sister and I were minors. Nine years ago my mom passed away, since then we have not heard from immigration. Am I still in removal proceedings? Should I hire a lawyer to apply for the deferred action once the application becomes available, since my case is a little bit complicated?

    • immigrationworkvisa
      July 23, 2012

      Dear Anonymous:

      Oh yes, you will need to hire an immigration attorney, sorry to say. You could ask an immigration attorney now to get a copy of your mom’s case, as it takes a few months.

      Kind regards, Danielle Nelisse

      • Anonymous
        July 27, 2012

        Thank you Danielle. I have all the paperwork for my mom’s case. Guess I might be contacting you.

    • The Litigator
      August 13, 2012

      Sorry about your mum death and I think you guys will qualify if you meet the guidelines but still wait until the official application form/instructions comes out on August 15th 2012.

  55. Senor Morales
    July 19, 2012

    Can you join the military with this “work permit” since military does not except illegal immigrants?

    • rigoberto
      July 25, 2012

      you have to go and talk to a recruiter officer

  56. kay
    July 16, 2012

    I qualify for the dream act as i was brought to the us at the age of 8-9, started the 3rd grade there and finshed high achool in 2008, unfortunately i was deported from the us in 2009 after finding out about a final order i knew nothing about.. i have been out of the country since. i also have no criminal record and a high school diploma. pls what can i do

  57. griselda
    July 13, 2012

    when this dream act comes in effect in august and i get approved, will i be able to apply for my husband to get a working permit?q

    • Anonymous
      July 31, 2012

      he can do it if he falls under the requirements

  58. Erica
    July 12, 2012

    I have an uncle who turns 31 in Septermber. Is he is able to apply? Does it meet the dead line 16-30?

    • Anonymous
      August 16, 2012

      yes, he still qualifies.

  59. planetwoodlathe
    July 7, 2012

    I will be turning 31 on Agust 12 and the dream act law is active untill Agust 15. That means that I am going to be 31 three days before this new law is active. I have all my school education in this country and have been in the US since I was 5 years old. Any sugestions on what I should do?

    • Anonymous
      August 16, 2012

      you still qualify because you were under 31 yrs of age as of june.15,2012. you should go see a lawyer to help you.

  60. cristin
    July 4, 2012

    Can you apply for this if your’re 15 and still in highschool. I have read on other websites you either have to have a highschool diploma or a Ged or be in the army is this true?

    • Anonymous
      July 5, 2012

      You have to be at least 16 years of age, so you might have to wait until next year on your birthday

    • Me
      July 6, 2012

      No it’s for people ready to go into the work force, they are giving WORK PERMITS.

    • Anonymous
      July 31, 2012

      “Is currently in school OR has graduated from high school OR has obtained a general education development certificate (GED) “

  61. Leah
    July 4, 2012

    you can join the navy. they’re the only military that allows illegal immigrants to join and after 3 years of service you can i apply for citizenship .

    • marco
      July 17, 2012

      can they really join the navy? is this true ?

    • nohely
      April 23, 2013

      seriously??

  62. Leah
    July 4, 2012

    heLp! where do i go apply at?! and when? i quaLify im 21 years old and I’ve Lived here since i was 4 years old. i graduated high school . im ready i Just need to know where?!

  63. Anonymous
    July 3, 2012

    PLZZZZZZZZZZZZZZZZ help well when i was comeing here my mom told me i got stop by ice and they have all my records i wonder if that woud effect me this all happen to me when i was about 3 years old now im 15 and been living in the USA for about 11 years plzzzzzzz hlep me !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! :l

    • Anonymous
      July 3, 2012

      I was like that too my family got stopped by ice when i was 5 and now im 17 but i talk to a lawyer that goes to my church & he said it was ok because we were little and it wasn’t a major problem. something major would be like doing drugs or something

  64. Anonymous
    July 2, 2012

    I meet all requirements except my age. I am 31 years old. I would like to know who can I contact, so I can get help. I already have a bachelor’s degree in education, and I would like to start working in my field. Thank you for your help.

    • immigrationworkvisa
      July 3, 2012

      As you can tell from the blog article above, the rules have not been released yet.

    • Me
      July 6, 2012

      No you can’t you have to be under 30 years old. No exceptions.

      • immigrationworkvisa
        July 6, 2012

        Be careful about giving advice – the rules have not even been released yet.
        Kind regards, Danielle Nelisse, Immigration Attorney

        • Anonymous
          August 6, 2012

          How much do you charge for an appointment? Thanks

          • immigrationworkvisa
            August 7, 2012

            Dear Anonymous:

            I can’t say yet how much I will charge to represent clients for the DACA work permits. We don’t know which forms to use yet, or what type of information we will have to gather. On August 15, 2012 we will all get the final rules and names of the forms to use, and be able to figure out how much to charge. I will also be letting everyone know if I can only represent students in California, or in all states.

            I will update this blog on August 15, 2012 about the forms, government fees, and attorney fees.

            Thanks for asking! Kind regards, Danielle Nelisse

            • Beatriz H
              December 6, 2012

              Dear, Danielle Nelisse

              Is it true that once you get your permit and SS# you have to join the military or get an AA or BA because if you don’t they will not renew you permit??

      • The Litigator
        August 13, 2012

        Yes there are exceptions if you don’t meet all requirements and that’s why the rules states that discretion will be based on case by case basis. Let’s wait for the official rules/instructions to come out on August 15th 2012.

  65. martina duran
    July 2, 2012

    Hi, more than a comment is a question..I was brought to USA @ age of 9, have been in the country since than. Graduated high school in 2000, but i turned 30 years on 2/28/82… My question is I qualify for the new version of Dream Act….

    Thank you
    07/01/12

    • martina duran
      July 2, 2012

      Apoligize i was born in 2/28/82…
      Which means i was 30 years 3 months as of 6/15/12..
      I qualify?

      • Anonymous
        July 3, 2012

        a lawyer i know going to the same church as I said as long you dont turn 31 before august 15 its all good

      • Anonymous
        July 3, 2012

        i meant after august 15 my bad

      • Anonymous
        November 27, 2012

        Yes, you do! I was qualified and I was born in Dec of 81.
        Best of luck to you!

  66. John
    July 1, 2012

    I have a petty theft 5 years ago it was dismissed very minor am I still qualify?

    • diana
      July 25, 2012

      I started school when I was 6 didn’t get to graduate but I will start on da 31 first of July to get my GED..but I have tickets that I owe..can I still be helped??

  67. Anonymous
    July 1, 2012

    I have a petty theft offense 5 years very minor am I still qualify?

  68. jose jimenez
    June 30, 2012

    help???

  69. Maria
    June 28, 2012

    I am currently 14 years old and moved here when I was four years old. I have no criminal records, am in High School in the National Honor Society. And, I would like to know if at 16 I can apply to be able to work and drive here in the US. Please help with this information!!

  70. Alejandra
    June 27, 2012

    THIS IS FOR THE IRISH PERSON THAT’S BEEN REFERRING TO THE HISPANIC RACE AS MEXICANS, WE ARE NOT MEXICANS WE ARE HISPANIC!! PLEASE EDUCATE YOURSELF! THANK YOU!

  71. Luis Angel Ornelas
    June 22, 2012

    Im honestly so grateful to have this opportunity, to be able to have a work permit, and a license. Thankyou everyone who made this dream come true.

    • Karen
      June 26, 2012

      do you know if the applications are out yet?

  72. Anonymous
    June 22, 2012

    What if misdemenor was made as a minor & now a young parent receiving welfare?

  73. mimi
    June 21, 2012

    i got here when in october 2007 – 2012 u think i can apply or is has to be 5 full years

    • mimi
      June 22, 2012

      hheelpp?!!

    • mimi
      June 22, 2012

      help????????????!!!!

      • Ronaldo
        June 25, 2012

        I think the new law will be very precise and strict, so you will have to have arrived here before June 15th, 2007 to be able to apply, but speak to a lawyer, because they will know better.

  74. Anonymous
    June 21, 2012

    That sounds right under the usual Petition process, however, what will happen if the application is denied? It says on the recent “news” that the case will be sent to ICE, what would happen if a family member tried to petition him after the application is sent? Would it be denied? The other question that comes to my mind is in regards to the information applicants provide: how will the information given in the application affect non applicants ( parents)? On the other hand, if all of this goes through smoothly and without any problems, they are asking people who are NOT under deportation proceedings to wait , but will the government limit the number of permits they give out? How will they prioritize who gets them first? You can say that there are plenty of questions that can’t be answered without any precedent on this reform. Let’s just pray and ask God to help this go through because there are a lot of people who need it. God Bless.

  75. Jennifer
    June 21, 2012

    is there a way i can check if i have a criminal record?

    • Leah
      July 4, 2012

      parking tickets, unlicensed driving, speeding tickets are okay..
      but theft, domestic abuse, drug abuse are NOT okay

  76. Shalom
    June 21, 2012

    About the 5 years of residency…. I qualify but I left in 2007 because there was just no way for me to legalize. I got my family back in the USA but Im not sure if I can still apply for Dream act. I graduated High School in 2003 and lived in the USA for over 15 years… Like I said, I qualify but I left the country….Can I still apply if I go back to the USA?

    • Leah
      July 4, 2012

      if u come back into the country illegally. that’s a criminal offense and will not qualify

    • LC
      August 15, 2012

      You had to be here before June 15, 2012. So if your still out of the country you wont be eligible

  77. Gonzalo
    June 20, 2012

    Yes, she has some truth to this if her husband gets this….and aside from this she filled for him he would already be pardon for being hear while being and undocumented …thous’ he wont have to go out of the country for the time period once he gets his status he needs to go to the Mexican consulate to pick up his green card…COngrats..

  78. Anonymous
    June 19, 2012

    Am almost 18 and enrolling in college this would mean so much to me.. I been in the us since 8 yrs of age and i dont believe i have criminal records

  79. ipanema
    June 19, 2012

    I would like to know when we can apply for dream act…?

    • Gonzalo
      June 20, 2012

      the cal dream act is open for application

      • Jennifer
        June 21, 2012

        but where exactly do i go to apply?

  80. Gris
    June 19, 2012

    hi i have a question about the criteria to qualify….they said you need to have lived here in the us for 5 years…….does that count since the first time you were brought here???what if you left the country and came back recently???

  81. katherine
    June 19, 2012

    im sooo happyy congratss 2 everyonee !!!;D

  82. Marlianis
    June 19, 2012

    Heyy can someone help me plzz ..
    ):
    I didnt graduated High school
    And i think to get the GED
    You need a id from florida
    How do i do to get ittt ..
    PLZZ HELPPPP ):

    • Leah
      July 4, 2012

      you don’t have an adult school in ur area? idk tho i live in California. laws are different

    • Anonymous
      July 30, 2012

      You dont need an id to get the ged in Florida just ur passport or marricula

    • Alma M Vargas
      August 3, 2012

      hi they accept u with ur passport from ur country thats how i got my ged in florida so huury and go ask if they accept inur city i am in broward county

    • -martaa
      August 7, 2012

      U can get ur diploma in forth worth texas (817) 378-0100 crossroads christian academy

  83. Edy
    June 18, 2012

    Hi, My name is Yesenia. I am a bilingual teacher graduated from UHCL, and I am certified by the state of Texas. I meet all requirements, except my age, I am 31 years old. I would like to know if I can still apply. Can somebody help me? Thanks, I will appreciate.

    • Gonzalo
      June 20, 2012

      if you turn 31 b4 june 15 then yes if you have more then that sorry ….but theirs a new bill if you pay taxes they are going to do something with that

  84. Anonymous
    June 18, 2012

    I meet the requirements except I’m Irish not Mexican. Will I still be able to get a work permit?

    • Anonymous
      June 19, 2012

      Yes, this was meant for all immigrant DREAMERs that wish to continue their Education.

    • Anonymous
      June 19, 2012

      yes they never said it was just for mexicans , they said immigrants, youre an immigrant you can apply

  85. Anonymous
    June 18, 2012

    Hi does any one knows how to go about this, if yes please reply back thank you

  86. Anonymous
    June 18, 2012

    Hi there, can someone please help me :( i came when i was 14 I have almost all requirements but i only need my hs diploma, yea i know :( i dint finish school because by that time my family was having problems. Money problems so i started working instead of studying, even if i dont have a high school diploma can i still able to apply? Please help. Im planning to go back to school it that would helps me? Please cah someone help me :( thanks i appreciate it.

    • Anonymous
      June 18, 2012

      You need to get your GED.

    • Gonzalo
      June 20, 2012

      Go back to school get ur ged NOW!!!!!!!! thats your only way :) good luck

    • -martaa
      August 7, 2012

      (817) 378-0100 call thiz number they can help u get ur diplomacrossroads christian academy
      Fort worth texas:)

  87. Fozzy
    June 16, 2012

    YESS!! cant wait!!!! 60 days and finally!!!

  88. oscar gonzalez
    June 16, 2012

    hi my name is Oscar gonzalez i been here sice age 13 i been here since january 1995 i was born on january 16 1981 i got my high school diploma i dont have a criminal record i worked paid my taxes but im merely 4 moths and a few weeks over the required age the required age is 30 and below but im a few months over do i qualify??? please someone help

    • Lydia
      June 19, 2012

      How did you pay YOUR taxes? You need a social security number or a permanent resident card to pay taxes unless you or your parents lied to the government to obtain one, which is perjury – a federal offense. Or you are using the identity of another citizen, which is fraud and identity theft – also a federal offense. Thus in addition to entering this country illegally this adds two other major criminal offenses. Which in fact, if investigated fully, would make you ineligible for the Dream Act. So again I ask how are you able to pay taxes?

      • immigrationworkvisa
        June 19, 2012

        Foreign nationals are allowed to get a tax i.d. number from the IRS whether they have legal status or not.
        Kind regards,
        Danielle Nelisse, Immigration Attorney

        • The Litigator
          August 13, 2012

          That’s true foreign nationals gets tax Id #s to pay taxes as IRS welcomes money from every living thing in the U.S., so I don’t know why Lydia was getting so extreme and pouncing on that question on the tax payment, is she a lawyer or some immigration expert?

          • planetwoodlathe
            August 14, 2012

            I just turned 31 this agust 12 and I have been in this country since I was 5, I completed all my education up to highschcool, graduated and even have 2 yrs of completed college. I’m thinking that this new law doesn’t apply for me, what is your advice?

            • immigrationworkvisa
              August 15, 2012

              Dear Planet:

              Here are the rules: http://www.uscis.gov

              Kind regards, DN

              • dania
                February 13, 2013

                Hi.I have a question.I came when I was one from Mexico I got a duo when I was 17 years old.they brought it down to a misdemeanor. .and dissmissed it after I completed my one year probation correctly. Do I qualify or no?

                • immigrationworkvisa
                  March 12, 2013

                  Dear Dania:

                  It will be up to the officer whether they want to approve your DACA application or not. We still don’t know yet if they are approving most of the juvenile DUI cases or not.

                  Kind regards, Danielle Nelisse
                  http://www.immigrationworkvisa.com

      • Anonymous
        June 19, 2012

        no thats not true anyone can apply for a pin number from the irs to pay your taxes.

      • Anonymous
        June 20, 2012

        Apply for an ITIN from the IRS.

      • Gonzalo
        June 20, 2012

        Yes, you can attain a pin nuber or something called an ITIN # which is a sealers permit and do it like that ….the gov dont cere they are welcome to anyones money.

      • carranza
        July 16, 2012

        They give u a pin# dats how i do taxes ;) please research b4 posting -__-

      • RegalDome
        July 27, 2012

        An I-Tin#. Also, a way an illegal could have obtained a SS# is if they were here during the 80s (my mother’s case) got a working permit during that time. Now illegal due to bad immigration consultation… I’ve been here since 1985… Married to a US citizen and waiting for Aug. 15 or interview in Juarez… hopefully the Deferred action program will accept my waiver here in the US, instead of going to Mexico and leaving my entire family behind.

      • Alma M Vargas
        August 3, 2012

        u can pay ur taxes with a tax idenification number that irs give to u if u dont have a ss

  89. Anonymous
    June 15, 2012

    This sounds like a great help for students. However, one question comes into mind, how will this law affect (if applied for by a person and approved) the process of being petitioned for by a family member for a permanent residency? Will it affect the possibility of someone obtaining a Residency through a family mamber in a positive or negative way? I guess we’ll just have to wait and see what other details come about…

    • Anonymous
      June 18, 2012

      I am applying for my husband. I can tell you this is great news! It will not negatively affect, rather the opposite. This will make the process much easier, and there is a calming affect knowing that the loved one will not be sen tto Mexico during the whole process. They can remain here, in the US, until all the paperwork is done. The only visit to Mexico will be to pick up the VISA!!! WOOHOO!!!!!

      • Luke
        June 20, 2012

        youre thinking of the waiver, this is a different subject

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