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DAP Forums > DREAM Act > The Lounge

31+ who of you are planning on applying anyway.

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#1
07-03-2012, 05:53 PM
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ivan81
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I'm still thinking about it, but I think I will apply.
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#2
07-03-2012, 06:06 PM
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bertdude7
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Wouldn't this put you in removal proceedings if they deny your application and possibly grant you deferred action by other means? Just curious.
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#3
07-03-2012, 06:06 PM
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tyler129
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Knowing that you will get deported when they deny it?

All or nothing. I know how you feel.

Best of luck to you..
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#4
07-03-2012, 06:13 PM
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Ianus
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The regulations haven't been released yet so no one can say what would happen with a denied applicant.
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#5
07-03-2012, 06:45 PM
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If he is denied, he would probably be released as long as he does not have a criminal record. It wouldn't hurt to try, and if he does get put in removal proceedings he could apply for the Morton memo and hope for the best!
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#6
07-03-2012, 06:58 PM
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tyler129
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Quote:
Originally Posted by Inception View Post
If he is denied, he would probably be released as long as he does not have a criminal record. It wouldn't hurt to try, and if he does get put in removal proceedings he could apply for the Morton memo and hope for the best!
Not sure if it's appropriate to make assumptions like that since some people will take your word for it's worth and be encouraged to try it.

You can bet that some of those people who took your advice will get deported considering that they deported high school kids.
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#7
07-03-2012, 07:27 PM
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dtrt09
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Anyone saw the chart on the WaPost? Most of the beneficiaries of this policy are young children (completely understandable and agreed 100%) and up to age 18. The amount of individuals w/a college degree and above is the least of all beneficiaries, so the amount of original dreamers, age 31+ would have been minimal by comparison. Why exclude them? I think there's something else that the Admin. and DHS doesn't want the media to know.

But back to the original thread...I found the following:

ICE will review cases of individuals in removal proceedings to determine whether they meet the eligibility criteria. ICE’s process for review is evolving. Currently, ICE Headquarters appears to be granting deferred action to individuals known to meet the eligibility criteria without requiring any further action on their part. Attorneys who represent individuals in removal proceedings who appear to qualify for deferred action, but have not yet heard from ICE, should supplement the record with indicia of eligibility. Further, there are reports that since the June 15 memorandum, ICE has granted deferred action in a number of pending removal cases where the noncitizen was older than 30. Therefore, even individuals who, as technical matter, do not meet the criteria set forth in the memorandum may wish to supplement the record and request or renew a request for prosecutorial discretion.Importantly, the new policy does not supersede ICE’s previously issued prosecutorial discretion guidance outlined in the June 17, 2011 Morton memo. For clients who do not meet the narrow eligibility criteria, attorneys should continue to assess the viability of deferred action requests or other requests for prosecutorial discretion based on the prior guidance.
What is deferred action?
Deferred action is a discretionary DHS decision not to pursue enforcement against a person for a specific period. A grant of deferred action does not confer lawful immigration status or alter an individual’s existing immigration status.3 While deferred action does not cure any prior period of unlawful presence, time in deferred action status is considered a period of stay authorized by the Secretary of DHS. An individual does not accrue unlawful presence for purposes of INA §§ 212(a)(9)(B) and (C)(i)(I) while in deferred action status.4 However, deferred action cannot be used to establish eligibility for any immigration benefit that requires maintenance of lawful status. A grant of deferred action can be renewed or terminated at any time.


http://www.legalactioncenter.org/sit...ry_6_28_12.pdf

So, what do you think?
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#8
07-03-2012, 07:58 PM
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DamLeon123
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Quote:
Originally Posted by bertdude7 View Post
Wouldn't this put you in removal proceedings if they deny your application and possibly grant you deferred action by other means? Just curious.
This can happen to anyone that qualifies too.
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#9
07-03-2012, 08:11 PM
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kikibay92
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Quote:
Originally Posted by Inception View Post
If he is denied, he would probably be released as long as he does not have a criminal record. It wouldn't hurt to try, and if he does get put in removal proceedings he could apply for the Morton memo and hope for the best!
Are you sure? I hope you don't get anyone in trouble...
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#10
07-03-2012, 08:14 PM
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kikibay92
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Quote:
Originally Posted by DamLeon123 View Post
This can happen to anyone that qualifies too.
Yeah, but applying while knowing that you are disqualified in the first place doesn't sound very reasonable... Will they even take a look on your application? I'm positive they will look at the age first.
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