Do You Need to Hire an Attorney to File a Deferred Action Petition?
Now that deferred action is reality, you must decide if you are going to hire an attorney or try to do it yourself. Read this before you make a decision.
Legally, you do not need an attorney to file a deferred action petition and request for a work permit. Should you hire an attorney to help you? Absolutely!
Here is why:
I like to do work myself. When a faucet is leaking, I go to the store and purchase a new o ring. I change the engine oil and replace the filters. I paint, pressure wash and work on the landscaping on the weekends. But, no matter what I do, I know that I can always to turn to a professional to rescue me when I make a mistake.
However, when it comes to dealing with the government, I believe that you would be foolish to try to prepare and file an important government document, such as a deferred action petition, without the assistance of a trained immigration lawyer. If you do the petition on your own and make a mistake, there is nothing a professional can do to rescue you.
The new deferred action program allows young illegal immigrants to apply for relief from removal and also get a work permit. The government has determined that granting the relief is discretionary with the reviewer and is not subject to review or appeal. If your petition is denied you cannot reapply. You only get “one bite at the apple” and if you make any mistake and your petition is denied, your chance of getting relief is gone.
Being denied relief is not the worst result of a mistake. If the United States Citizenship and Immigration Service (USCIS) believes that you lied on your application or otherwise committed fraud on the government, you could be put in removal proceedings and deported. You could be subject to detention for a long period of time in extremely unpleasant circumstances. Furthermore, you could be putting your family at risk of removal as well. If this happened, a bad situation could become far worse, and all because you chose to do it alone without legal guidance.
The immigration attorneys at Tucker & Ludin have studied the executive order on deferred action as well as the application process. We know that you have one opportunity to prove your case. Each element of deferred action needs to be clearly established with documentary evidence. Attorneys are trained in the art of proving cases and presenting evidence in the best possible light to the trier of fact. We encourage you to take advantage of these resources and hire an expert to assist you.
At Tucker & Ludin we meet with illegal immigrants regularly. We understand the stress of living everyday praying that you are not caught by law enforcement. If you are granted the deferred action relief and a work permit, a huge weight is lifted off your shoulders and you have an opportunity to finish your education and start your career. Considering what is at stake, do not try to do it alone. The consequences of an error, misunderstanding or poor presentation of evidence is simply too great.
Call us today if you are interested in applying for deferred action relief or contact us through this website.
UPDATE ON DEFERRED ACTION - 8/3/12
On August 3rd, USCIS Director Alejandro Mayorkas announced the procedure for deferred action petitions. He stated that effective August 15th, and no earlier, the US Citizenship and Immigration Services will begin accepting petitions for deferred action along with a employment authorization card applications (EAD). The new form for the application will not be available until that date. The total fees for the application will be $465 including the EAD. According to Director Mayorkas, the application will be processed and then the applicant will be given a date to have a biometrics appointment.
There will not be an interview as the normal part of the application process. However, an applicant can be called for an interview if the USCIS has a specific question they need answered, suspect fraud, or simply as part of their quality control process.
The Director stated that he does not know how long the processing time will be until they see the what the petition volume is.
If a petition is denied, an applicant cannot reapply or file a motion to reopen or reconsider nor can they appeal. Therefore, it is critical that the documents be accurate, complete and presented in the best manner possible. For more information, please call us at 727-572-5000, contact us through our website or else attend our free informational forum referenced above.
Deferred Action for Young Illegal Immigrants
At Tucker & Ludin, we have met with many young people who live in constant fear of arrest and deportation. They are unable to work legally and delay the start of a career hoping something happens to allow them to work. They cannot get a driver's license. But, even worse, they feel like they are American, but are unable to live the American dream. There is a huge weight of worry that they carry, fearful that they will end up in another country, separated from family and friends and unable to speak the language or understand the culture.
If you are a young illegal immigrant in the United States, we are thrilled to tell you that we can finally do something to ease your difficulties. On Friday, June 15th, 2012, President Obama announced an executive order permitting certain young illegal aliens the right to remain in the U.S. by applying for "Deferred Action" after which they could apply for a work permit allowing them to legally begin their careers in the U.S. This order recognizes that there are hundreds of thousands of undocumented youth, brought the U.S. as small children and raised and educated in communities in the U.S. These innocent illegal aliens did not choose to be here, but were brought to the U.S. illegally by parents and relatives.
In order to qualify for deferred action, you must meet the following eligibility requirements:
- Arrived in the U.S. before reaching the age of 16,
- Continuously resided in the U.S. for the 5 years prior to June 15th, 2012,
- Be present in the U.S. on June 15th 2012,
- Be in school, graduated from High School, or be an honorably discharged veteran,
- Not be convicted of a felony, significant misdemeanor or multiple demeanors (NOTE that a DUI is considered a "significant" misdemeanor) and,
- Not be younger than 15 or older than 30 when you petition for relief.
Deferred action will not lead to a green card. At least not yet. It is hoped that eventually the U.S. legislature will pass a DREAM Act, or some other law that will create a path for citizenship for young illegals. But, for the time being deferred action will relieve the stress of life in the U.S.
Deferred action will not be granted unless the individual young immigrant files a petition with evidence that they meet all the criteria. The exact procedure for granted deferred action has not yet been determined. But, it will likely be announced in August 2012.
At Tucker & Ludin, we intend to represent young “innocent illegals” who wish to receive the benefits deferred action. We are monitoring developments closely and plan to be prepared to file deferred action petitions at the earliest possible moment. Call us at 727-572-5000 for more information about deferred action. You can also e-mail us through the website and we will respond immediately.
For more information about deferred action, go to our June 15th, 2012 blog at http://immigrationnutsandbolts.blogspot.com/ Also, check this page as well as the blog and news sections of this website for updates on deferred action as they become available.