Wednesday, August 15, 2012

USCIS rules for Obama's Baby-Dream-Act are now available

English: Seal of the United States Department ...English: Seal of the United States Department of Homeland Security. (Photo credit: Wikipedia)
Dear all,

Happy Wednesday. 

The application for "Consideration of Deferred Action for Childhood Arrivals" was published by USCIS yesterday, August 15, 2012.

The "Childhood Arrivals" Process is based on guidelines and discretion of the Secretary of Homeland Security's Memo of June 15, 2012.  There is no appeal, or motion to reopen/reconsider.  This is solely based on prosecutorial discretion, and on a case-by-case basis. 

The program permits applicants to remain in the U.S. for a two year period - subject to a discretionary two year extensions - with work authorization.  However, this is NOT a path to permanent residency or "lawful status."  More alarming is that the program may be terminated at any time, without notice.

For those considering this option, the "Childhood Arrivals" Process requires the filing of three forms (I-821D, I-765, I-765WS) and a filing fee of $465 (which includes the $380 I-765 fee and the $85 biometrics fee).
In order to receive this work authorization benefit, the applicant must establish his/her economic need for employment using Form I-765WS.

Information about eligibility and other requirements can be found at: http://www.uscis.gov/i-821D.

I will post more updates as it be comes available.

Best,

Lucy

Lucy G. Cheung, Esq.
Associate Attorney
Law Offices of Eugene Goldstein & Associates
150 Broadway Suite 1115
(212)374-1544
(212)374-1435 (F)

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