DHS will Exercise Prosecutorial Discretion to Individuals Who Came to the U.S. as Children

On June 15, 2012, Secretary Janet Napolitano issued a memorandum directing DHS components to exercise prosecutorial discretion on an individualized basis with respect to certain individuals who came to the United States as children.

If an individual is in removal proceedings or subject to a final order of removal, that person will be eligible for an exercise of discretion, specifically deferred action, on a case-by-case basis if the following requirements are met.

1.) Came to the United States under the age of sixteen;

2.) Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;

3.) Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;

4.) Have 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;

5.) Are not above the age of thirty.

No individual should receive deferred action under this memorandum unless they first
pass a background check and requests for relief pursuant to this memorandum are to be decided on a case by case basis. DHS cannot provide any assurance that relief will be granted in all cases.

While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of the application processes within sixty days.

For individuals who are in removal proceedings and have already been identified as meeting the eligibility criteria and have been offered an exercise of discretion as part of ICE’s ongoing case-by-case review, ICE will immediately begin to offer them deferred action for a period of two years, subject to renewal.

Source: Department of Homeland Security (DHS)

If you have any questions or need assistance with your immigration matter,
please do not hesitate to contact our office.

Sharlene Mae Bagon, Esq.
BAGON LAW FIRM
6700 Fallbrook Avenue
Suite 125H
West Hills, CA 91307
Toll Free: (888) 992-2466
Main Tel.: (818) 539-0120
Fax: (888) 589-0804
www.bagonlawfirm.com

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