DREAM Act Portal Forum - nqualified immigrants need not apply for Obama deferred action program Read more: ht

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Q. I have been here for almost fours years now. I have met all the requirements for the Obama deferred action program, except the one requiring that I had been here five years on June 15. Do I have a chance of getting deferred action?

Name withheld, Brooklyn

A. I answered a similar question recently, but many readers are still confused. People want to know whether they should apply for the Obama deferred action program even if they don’t meet the criteria. The answer is no. It’s a waste of time and money. Only individuals here unlawfully on June 15, were not yet 31 on that date and who had been here five years on that date, should apply under the Obama program.

Individuals with a particularly compelling reason to stay in the United States, may qualify for a deferred action program that has existed for more than 40 years. It became known in 1976 when John Lennon, the former Beatle, applied to stay here under the program. Deferred action continues to be available separate from the Obama program. Unfortunately, deferred action under the broader program is extremely difficult to get. U.S. Citizenship and Immigration Services can grants it as a last resort to prevent deportation to unusually deserving immigrants. The agency says that it will consider deferred action (separate from the Obama program), where the applicant is of advanced or tender age, has many years’ presence here, has a physical or mental condition requiring care or treatment in the United States, and whether deportation would impact the applicant’s family. Since the program is informal, my guess is that a person making particularly important artistic, civic, medical or scientific contribution might also qualify.

Readers considering applying for the general USCIS deferred action program may want to wait a bit. USCIS has its hands full with the Obama program. Then, if after speaking to an immigration law expert, you want to apply for deferred action, send your request to Andrea Quarantillo, District Director, United States Citizenship and Immigration Services, 26 Federal Plaza, New York, N.Y., 10278. You need not include a form or application fee.

Q. I have been working with an invented social security number. Will that be a problem when applying for deferred action? I plan to use pay stubs to prove my presence here.

J.C., The Colony, Tx.

A. The USCIS won’t deny your application because you worked with a false number. That’s clear. My only concern is if you claimed U.S. citizenship to get your job. A person who makes a false claim of U.S. citizenship to get any federal or state benefit may face a bar to becoming a permanent resident. That includes claiming citizenship on the I-9, Employment Eligibility Authorization form employers should complete for all new employees. The “false claim to citizenship” applies to claims of citizenship made beginning September 30, 1996. The law provides an exception for an immigrant whose parents are or were U.S. citizens, who resided in the United States since before the age of 18, and who reasonably believed he or she was a citizen. If you did make a claim on form I-9, that won’t bar you from getting deferred action. However, the issue may come up somewhere down the road if you ever apply for permanent residence.

Form I-765, Application for Employment Authorization, a form you must file when applying for Obama deferred action, requires that you list all social security numbers used. If you ever apply for a green card, USCIS may use that information to inquire as to whether you made a false claim to U.S. citizenship on an I-9 form. USCIS doesn’t have easy access to I-9 forms, but you need to understand the risk.
Q. My husband, a U.S. citizen, said he would petition for me, but now I don’t think he will. What can I do to get legal status for myself and my daughter? My daughter and I came here on visitors’ visas. Shortly after, I married my boyfriend. That was more than a year ago, and he still hasn’t filed any papers. We are having problems because I can’t work. Now we are living apart.
Reshma, Hollis, Queens
A. From what you have written, your only option is to consider self-petitioning as an abused spouse. You would need to prove that you were the victim of extreme cruelty, but the cruelty can be mental as well as physical.
Under the Violence Against Women Act, a victim of spousal abuse, the parent of an abused child or an abused parent, can self-petition for permanent residence. The applicant must prove that the battering or abuse came from a U.S. citizen or lawful permanent resident spouse. For VAWA applicants claiming mental abuse, it’s best if they get a report from a mental health professional such as a psychiatrist, psychologist or social worker confirming the suffering from the abuse.
Allan Wernick is an attorney and director of the City University of New York's Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 4 New York Plaza, N.Y., 10004, or email to [email protected]. Follow him on Twitter @awernick.

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