The more enlightened people in our population view the year 2012 as the year of renewal, as opposed to the apocalypse. For young adults brought into the United States as infants, this year is the year of renewed hope. The government's Deferred Action Program is a source of new optimism for young people and it is something that all young adults should be excited about.
For too long, many of these young people have approached life with resignation. Why stay in school if you won't be able to attend college after? Why excel in school when you do not need to be an honor roll student to simply find any job? Family members, friends, community members and restrictive immigration laws have reconciled the youth to settling for a job (as opposed to a career or trade). This has led some to drop out of school and perhaps even fall into some bad company which has landed them a criminal record. It is for this reason that, for some, there is still hesitation to consider filing for deferred action and employment authorization.
However, the possibilities for educational advancement and employment authorization are open to those who may have some blemishes on their record. Such young people must, however, proceed cautiously and seek the advice of an immigration specialist.
The published guidelines of the USCIS identify categories of young persons who do not qualify for deferred action because of their criminal record. This includes people with felonies. It is also a myth that if you just have a misdemeanor, you will be fine. For the deferred action process, there are certain misdemeanors that are considered significant. Some examples include domestic violence, DUI's, possession of firearms and burglary. People who have three or more misdemeanors may also be at risk of not being permitted deferred action.
Whilst criminal disqualifications do exist, the USCIS has the discretion to approve cases based on exceptional circumstances. By the same token, if USCIS believes that the young person has gang affiliations or participates in crimes that threaten U.S security, filing an application for deferred action will put the young adult at risk of being placed in deportation. It is for this reason that young people should not attempt to file for deferred action without the assistance of an attorney.
There are fears that the government has some underhanded motives behind the deferred action process, which will only present themselves in the future. The deferred action process is very oriented towards the young person. In a sense, it is a bite-sized version of the Dream Act that was not passed. The message to the youth of this country is that your actions - or inactions- should not be driven by fear and speculation. Take advantage of what is available to you at this very moment! For those who, in the past, may have strayed into unlawful activity; do not let your past misdeeds dictate your future and the endless possibilities deferred action and employment authorization can offer you. But for those young people, the words from Shakespeare's "Romeo and Juliet" comes to mind:
"Wisely and slow; they stumble that run fast."
Consult an immigration specialist. An immigration specialist will be able to review your record, offer advice and prevent you from placing yourself at risk of removal from the United States.
(Contributing Writer: Nicola N, Gray)
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