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DAP Forums > DREAM Act > The News Room

Deferred Action FAQ - Page 5

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#41
06-16-2012, 01:22 PM
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Quote:
Originally Posted by xangal View Post
I'm definitely worried about the denial part of this, you're basically rolling the dice and giving your info to ICE. If they deny you this makes it sound like they're coming for you.
There's absolutely nothing to worry about if you fall under the requirements.
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#42
06-16-2012, 01:29 PM
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Does this mean we might not have to pay the fee?

Note on Filing Fee:

If you are in one of the categories noted below, no fee is required.

No fee is required if filing for an initial employment authorization document under one of these categories:

Refugee, asylee or paroled as a refugee
N-8 or N-9 Nonimmigrant
Citizen of Micronesia, Marshall Islands, or Palau
Granted Withholding of Deportation or Removal
Dependent of certain foreign government or international organization personnel
Applicant for asylum (applicant filing under special ABC procedures must pay the fee however)
No fee is required if filing for a renewal employment authorization document under any of these categories:Citizen of Micronesia, Marshall Islands, or Palau
Granted Withholding of Deportation or Removal
Dependent of certain foreign government or international organization personnel
Last edited by hgr1915; 06-16-2012 at 01:37 PM..
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#43
06-17-2012, 02:10 PM
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I have a big question. Let's say we get the work permit and you're renewing it every 2 years. Then, let's say that the policy-change is overturned. Will you still be able to keep renewing the permit?
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#44
06-17-2012, 02:25 PM
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Quote:
Originally Posted by Rev_Scholar View Post
I have a big question. Let's say we get the work permit and you're renewing it every 2 years. Then, let's say that the policy-change is overturned. Will you still be able to keep renewing the permit?
First, I don't think this was an Executive Order. To the best of my knowledge, it wasn't placed in the federal register for any length of time prior to friday's announcement.

It is simply a new way of USCIS handling deferred action.

Hence, Romney's remarks that it could be overturned by the next president aren't entirely true.

I wouldn't see a president going out of his way to reverse such a minor change in the way an agency handles its own business.

Remember:
"The use of prosecutorial discretion confers no substantive right or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights. USCIS"
This wasn't amnesty or anything like all the racist fear mongers are making it out to be.

The administration had perfect legal authority and precedent to direct this change, as well as the backing of countless immigration law professors who sent him the letter recently outlining how he could make this deferred action change.

Further, many are criticizing Obama for having stated in the past that he, as president, couldn't issue an Executive Order for the DREAM Act. This still is true. He can't through Executive Order implement the DREAM Act or Comprehensive Immigration Reform. Congress is still needed for this.


The new Deferred Action process is NOT the DREAM Act.

WE STILL NEED THE DREAM ACT AND COMPREHENSIVE IMMIGRATION REFORM!
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#45
06-17-2012, 02:27 PM
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So....we'll still be able to keep renewing the work permit forever?
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#46
06-17-2012, 04:00 PM
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Quote:
Originally Posted by Rev_Scholar View Post
So....we'll still be able to keep renewing the work permit forever?
Possibly.
But according to the FAQ
Quote:
What is deferred action?
Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an alien granted deferred action will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not absolve individuals of any previous or subsequent periods of unlawful presence.

Under existing regulations, an individual who has been granted deferred action is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.
So indirectly any new memo can engaged the agents to terminate your permit. Any. If the boss of ICE wants to termiante you, they can. They may face high court law suit, but yes.
Last edited by ppl_man; 06-17-2012 at 04:02 PM..
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#47
06-17-2012, 04:10 PM
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Or until you get married with a spouse with U.S citizenship
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#48
06-17-2012, 04:44 PM
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Questions on the FAQ? Question that wasn't covered by FAQ? Post them here. Once we have a good portion of the questions answered the mods will update this.
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Initial Approval: 11/13/12
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2nd Renewal: 10/12/16
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