H1B Visa Lawyer Blog

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Question #1 – Marriage

Will my being married make me no longer eligible?

Deferred Action is a decision by the executive branch to postpone the deportation of a foreign national as an act of selective enforcement. The Department of Homeland Security (DHS) has the authority to grant Deferred Action to any noncitizen at any stage of the deportation process. Deferred Action has been used by Presidents of both political parties to temporarily stop the removal of foreign nationals for Humanitarian reasons. President Obama has decided to focus on the arrest and deportation of dangerous criminals, national security risks and immigration violators. Accordingly, the Obama Administration’s “deferred action” initiative is for unauthorized youth who were brought to this country as children. Those youth are commonly referred to as “DREAMers” because they comprise most of the individuals who meet the general requirements of the Development, Relief and Education for Alien Minors (DREAM) Act.

It is very important to understand that while the Deferred Action eligibility criteria may seem to be straight forward, immigration law is complicated and an application for Deferred Action can lead to consequences for a foreign national. Applicants should consider seeking the advice of a licensed immigration attorney before submitting an application for Deferred Action

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key eligibility requirements may request consideration for deferred action for a period of two years, subject to renewal, and, as a result, may be eligible for work authorization. Only individuals who can demonstrate through documentation that they meet these guidelines will be considered for deferred action under this process. Determinations will be made on a case-by-case basis under the guidelines set forth in the Secretary of Homeland Security’s memorandum.

President Barack Obama announced on June 15, 2012 that the Department of Homeland Security (DHS) will implement a program for granting “deferred action” to undocumented youth who meet certain eligibility requirements.

To be eligible, an Individual must have come to the U.S. under the age of 16; continuously resided in the U.S. for at least five years; currently enrolled in school, graduated from high school, has obtained a GED, or an honorably discharged veteran of the U.S. Military.; has no criminal record (i.e., not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses) or otherwise pose a threat to national security or public safety; and is not above the age of 30.

Deferred Action requests will be decided on a case-by-case basis. Those granted deferred action will be eligible for permission to work in the United States.