Wilner & O'Reilly, APLC - Immigration Attorneys In California And Utah
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Traveling with Deferred Action

On August 15, 2012, many undocumented youth applied for deferred action to finally step out of the shadow of their uncertain immigration status. Deferred action has given hope to young people who have lived most their lives in the United States. Two months earlier, the Department of Homeland Security announced that it will cease removing young people from the United States that meets certain criteria. The logic behind this order was to not penalize those who came to the United States as children. Many of these young people consider themselves Americans. To them, the U.S. is home. To be eligible for deferred action, the applicant must: 1) have entered the U.S. before the age of 16, 2) be under the age of 31, 3) be at least 15 years old (in most circumstances), 4) have continuously resided in the United States since June 15, 2007, 6) is currently in school, have graduated, or obtained a GED or honorably discharged from the US military and 6) have not been convicted of a felony, DUI, significant misdemeanor or three or more misdemeanors.

The most noticeable benefit that comes with deferred action is a two-year employment authorization and the peace of mind of not worrying about removal. However, there are also more subtle benefits that come with a grant of deferred action. Undocumented individuals often fear traveling whether it is domestically or internationally. Many undocumented individuals fear travelling in the United States because they do not have valid identification. Many people are restricted to ground travel because they lack proper identification. With a grant of a work permit, it will also allow applicants to apply for state identification (in most States). Now, deferred action recipients no longer have to worry when traveling domestically.

In certain cases, international travel may also be permitted for deferred action recipients. USCIS has announced that it will consider advanced parole for deferred action recipients. Advanced parole is a document issued by USCIS solely to authorize the temporary parole of a person into the United States. This document may be accepted by the transportation company in lieu of a visa as an authorization for the holder to travel to the United States. USCIS will consider granting advanced parole for deferred action recipients for humanitarian, educational or employment reasons. If you have been granted deferred action and have a sick relative, you may be considered for advanced parole. If you must travel for school, you many be considered for advanced parole. Lastly, if your employer requires you to travel abroad for work, you may be considered for advanced parolee. Simply stated, traveling is possible under deferred action.

For those who may be eligible and have not thought about applying, we urge you inquire about deferred action immediately. There are many benefits that come with deferred action. Don't be left out!

Remember, deferred action is not amnesty and is not a path to permanent residency or citizenship. It is an administrative relief afforded to people that qualifies. When inquiring about deferred action or any immigration relief, beware of scams and unlicensed immigration services. We understand the difficulties and complexities of the U.S. immigration laws.

At Wilner & O'Reilly, we have board certified immigration specialist and former immigration officers to help you answer any deferred action questions. We are deferred action experts. Schedule your free consultation today. Call us at 1-888-7mabuhay. You can visit our website at www.wilneroreilly.com. To get the most updated information on immigration, follow us on twitter, @CitizenshipLaw and Like us on Facebook www.facebook.com/wilneroreillylaw.

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