The Three Main Problems with Deferred Action for Child Arrivals (DACA) A.K.A. “Dreamers”

For immigrants who have eagerly awaited President Obama’s Deferred Action Plan, the time to apply is now.

There are, however, three main potential problems that Immigration Attorneys see:

1. Clients with criminal history.
The information distributed by the U.S. Citizenship Information Service (USCIS) concerning deferred action applicants is vague. Nobody can answer for certain if certain crimes will result in a grant of deferred action or a denial and placement into removal proceedings. As a result, it is best to get a complete copy of your criminal history “rap sheet”. There is a local private company that charges a minimal fee and delivers your New York State rap sheet in three days. It takes more time to receive your national criminal history. Consult with an attorney to determine whether the best step forward for you would be to file an application, wait to see how USCIS will adjudicate applications for similar people with your criminal history, or do not file.

2. Clients who have worked with a false social security number.
The forms to receive deferred action ask if the client has ever used a social security number. If you have used a false social security number, it is important to WAIT. Nobody knows how USCIS is going to handle this issue. It could result in your placement into removal proceedings.

3. Clients who entered the country on a false visa/passport.
I have many clients who entered the country on a fake visa/passport that was given to them by their mother or father. Certain attorneys believe that this will not be an issue with USCIS. However, it is important to wait to see how USCIS will resolve this issue. It could lead to you being placed in removal proceedings.

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