June 15, 2012
Today President Obama and Secretary of Homeland Security Janet Napolitano announced a new policy of Prosecutorial Discretion for individuals who came the United States as children. These individuals who were brought to the
United States through no fault of their own and meet several key criteria will
no longer be removed from the country or entered into removal proceedings. Those who meet the
criteria will be eligible to received deferred action for up to two
years along with work authorization.
The following criteria should be satisfied before an
individual is considered for an exercise of prosecutorial discretion. The individual:
- Came to the United States under the age of sixteen
- Has continuously resided
in the United States for at least five years before June 15, 2012, and
is present in the United States on this date
- Is currently in school, has
graduated from high school, has obtained a general education development
certificate, or is an honorably discharged veteran of the Coast Guard or
Armed Forces of the United States;
- Has not been convicted of
a felony offense, a significant misdemeanor offense, multiple misdemeanor
offenses, or otherwise pose a threat to national security or public safety; and
- Is not above the age of 30
The use of prosecutorial discretion confers no substantive
right or path to citizenship. USCIS and
ICE will begin implementation of this application process within 60 days. For more information on this
process, call Arnold Jaffe at (805) 897-0066 to arrange a FREE consultation.
You can also visit USCIS’s
website at www.uscis.gov; ICE’s website at www.ice.gov or DHS’s website at www.dhs.gov.
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