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Dream Deferred Action Students

Is It Safe to Apply?

At Moore Law Group, P.A., we take care to provide our customers high quality services and honest advice, personalized for their unique needs.  It is critical to get accurate, straightforward advice when evaluating the decision to apply for deferred action. In general, if you meet the criteria, it is safe to apply. But you should not make that determination on your own without consulting an experienced immigration attorney.

The information you provide in your request for deferred action is protected from disclosure to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings unless you meet the criteria for the issuance of a Notice To Appear or a referral to U.S. Immigration and Customs Enforcement under the criteria set forth in USCIS’s Notice to Appear guidance (www.uscis.gov/NTA). If your case is deferred pursuant to the consideration of deferred action for childhood arrivals, you will not be referred to ICE. The information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of deferred action for childhood arrivals, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense. The above information sharing policy covers family members and guardians, in addition to the requestor. 

Be Aware What DREAM Deferred Action is NOT

  • DREAM Deferred Action is NOT the DREAM Act. The DREAM Act has not been passed by Congress.
  • DREAM Deferred Action is NOT a path to a green card or U.S. citizenship.
  • DREAM Deferred Action is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.
  • If approved, DREAM deferred action will be granted for two years. There is no guarantee that your deferred action status will be renewed beyond the initial two year period.

Be Honest About Any Criminal Issues

Even a minor criminal offense can cause your deferred action to be denied, and may land you in removal proceedings. This can include an offense for which you received probation or deferred adjudication, and can also include matters while you were a juvenile and matters that have been expunged. Besides serious offenses such as felonies, even relatively minor offenses, deemed significant misdemeanors, for which you spent no time in jail can make you ineligible.

For the purposes of this process, a significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria:
  1. Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,
  2. If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.
Notwithstanding the above, the USCIS decision to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history outlined above, or its presence, is not necessarily determinative, but is a factor to be considered in the unreviewable exercise of discretion. DHS retains the discretion to determine that an individual does not warrant deferred action on the basis of a single criminal offense for which the individual was sentenced to time in custody of 90 days or less.  Only an experienced attorney can make a proper evaluation of your particular circumstances.

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Contact us today to get your DREAM Deferred Action Process started with an experienced immigration lawyer!


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Moore Law Group, P.A. - DREAM Deferred Action Lawyers
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Please consult an immigration attorney for advice about your individual situation. This site and its information is not legal advice, nor is it intended to be. Feel free to get in touch by electronic mail, letters or phone calls. Contacting us does not create an attorney-client relationship. Until an attorney-client relationship is established, please withhold from sending any confidential information to us.
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