Today’s post involves Deferred Action. On June 15, 2012 the U.S. Department of
Homeland Security (not the White House or President Obama, as has been
erroneously reported) announced that undocumented immigrants (or illegal
aliens), between 15-30 years could apply for a temporary legal status valid for
two years if they could show that they entered the U.S. before turning 16 years
of age, have resided in the U.S. for at least the last five years since June
15, 2012, pass a background check, and have a high school diploma/GED/honorable
discharge from the U.S. military.
This post is not about the requirements for Deferred
Action. You can find out about the requirements on our facebook page, facebook.com/calderinoliva. Rather, I want to discuss the
reaction that I have heard from some immigration attorneys, who are in what I
would consider two extremes.
The first extreme is a group of attorneys that are advising
that individuals not apply for
Deferred Action. Their rationale can be
summed up as such: A person is in this
country illegally and therefore is removable (or deportable). However, this person is cloaked by the
millions of illegal aliens in the country.
The U.S. government will never find him, unless he does something that causes
himself to be identified, such as get arrested or file for an immigration benefit. This group of attorneys argues that by
applying for Deferred Action, the individual is identifying himself to the
government. Although, Deferred Action
protects the individual from removal, it only provides protection while the person is in status. Since Deferred Action is
only valid for two years and there is no guarantee that the government will
extend the status for a longer period of time, then these attorneys allege that
after the two years have expired the individual runs the high risk of being
removed from the country.
I do not agree with this argument.
There is another group that is in the other extreme. They advocate that anyone and everyone who
remotely appears that they could qualify should apply for Deferred Action. Their rationale is that the benefits of
Deferred Action are so great that anyone who is an undocumented immigrant who
does not apply is a fool.
I do not agree with this argument either.
The first group is the extreme pessimists, while the second is the extreme optimists. The proper place to be is with a third group, the realists. You must be a realist to get ahead in life. Realize the obstacles and dangers, yet seize opportunities when they present themselves. That is what makes life worth living!
If the guidance of the first group were to be followed then nothing would get done. Fear of what could happen would freeze the individual in a permanent state of inertia. The truth is that if a person is given status under Deferred Action, that status is valid for two years. During those two years, he will have many of the same rights that a Legal Permanent Resident has. He can work with a work permit, he can travel with a travel permit, and while remaining in valid status, he cannot be removed from the country. After the two years have elapse, he might have a right to renew his status for an additional two years. There are also other possibilities. Some of the Deferred Action applicants can become Permanent Residents in the future under family petitions filed over a decade ago under INA 245(i). Others can obtain their residency if their relevant waiver is granted. There is also the ever-present possibility of immigration reform. The DREAM Act proposal has existed for nearly a decade in one form or another. The STARS Act was presented in Congress this year and there have been rumors of the possibility that a so-called "DREAM Act 2.0" bill could be introduced next year, which might have a better chance of enactment than the DREAM Act. Hence, there is a lot of hope for Deferred Action applicants. I remind the reader, it is okay to hope for the "what if", so long as you recognize the possibility of "what if not". That is what it is to be a realist.
The extreme optimists are also wrong. They ask that you conveniently ignore the "what if not". Perhaps that is acceptable to the irresponsible lawyer who only charges the client for representation regardless of whether such representation is to the benefit of the client. But, it is not acceptable for the individual who has worked hard most of his life for the opportunity to be on the right side of the law. And it definitely does not work for the attorney who takes pride in the integrity, competence and honesty of his practice. Many will qualify for Deferred Action. However, not everyone who hopes to obtain Deferred Action, will, in fact, be granted. That is the realist perspective. The extreme optimists, on the other hand, will take advantage of the hopes of many, to enrich themselves selfishly and immorally. Do not fall into their trap.
So there you have it, two schools of thought that can either get you into trouble or make you miss all of the fun. Stay away from them. You're better off simply following the quote from Theodore Roosevelt-- "Keep your eyes on the stars but keep your feet on the ground."
None of the above information should be construed as legal advice or the formation of an attorney/client relationship.
The first group is the extreme pessimists, while the second is the extreme optimists. The proper place to be is with a third group, the realists. You must be a realist to get ahead in life. Realize the obstacles and dangers, yet seize opportunities when they present themselves. That is what makes life worth living!
If the guidance of the first group were to be followed then nothing would get done. Fear of what could happen would freeze the individual in a permanent state of inertia. The truth is that if a person is given status under Deferred Action, that status is valid for two years. During those two years, he will have many of the same rights that a Legal Permanent Resident has. He can work with a work permit, he can travel with a travel permit, and while remaining in valid status, he cannot be removed from the country. After the two years have elapse, he might have a right to renew his status for an additional two years. There are also other possibilities. Some of the Deferred Action applicants can become Permanent Residents in the future under family petitions filed over a decade ago under INA 245(i). Others can obtain their residency if their relevant waiver is granted. There is also the ever-present possibility of immigration reform. The DREAM Act proposal has existed for nearly a decade in one form or another. The STARS Act was presented in Congress this year and there have been rumors of the possibility that a so-called "DREAM Act 2.0" bill could be introduced next year, which might have a better chance of enactment than the DREAM Act. Hence, there is a lot of hope for Deferred Action applicants. I remind the reader, it is okay to hope for the "what if", so long as you recognize the possibility of "what if not". That is what it is to be a realist.
The extreme optimists are also wrong. They ask that you conveniently ignore the "what if not". Perhaps that is acceptable to the irresponsible lawyer who only charges the client for representation regardless of whether such representation is to the benefit of the client. But, it is not acceptable for the individual who has worked hard most of his life for the opportunity to be on the right side of the law. And it definitely does not work for the attorney who takes pride in the integrity, competence and honesty of his practice. Many will qualify for Deferred Action. However, not everyone who hopes to obtain Deferred Action, will, in fact, be granted. That is the realist perspective. The extreme optimists, on the other hand, will take advantage of the hopes of many, to enrich themselves selfishly and immorally. Do not fall into their trap.
So there you have it, two schools of thought that can either get you into trouble or make you miss all of the fun. Stay away from them. You're better off simply following the quote from Theodore Roosevelt-- "Keep your eyes on the stars but keep your feet on the ground."
None of the above information should be construed as legal advice or the formation of an attorney/client relationship.
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