By: Attorney Bernadine H. Layne
ATLANTA – President Obama recently took a major step to prevent deportation of some young illegal aliens. He instructed immigration authorities to stop deporting individuals who were illegally brought to the US when they were children if they meet certain criteria. Young people who meet these criteria will be allowed to stay in the US and to apply for employment authorization. The permission would be for two years and could be renewed.
An individual would be eligible to apply if he or she meets the following criteria:
• He/she came to the United States when they were under the age of sixteen;
• He/she is not currently above the age of thirty;
• He/she has continuously resided in the United States for at least five years preceding the date of the announcement (June 15, 2012);
• He/she was present in the United States on the date of the announcement (June 15, 2012);
• He/she is currently in school, has graduated from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
• He/she has not been convicted of a felony offense, a significant misdemeanor offense, or multiple misdemeanor offenses; and
• He/she does not otherwise pose a threat to national security or public safety .
The ability to obtain an employment authorization card or “work permit” not only allows the individual to legally work, but also allows that individual to obtain a drivers’ license in most states.
The actual application is not yet available and there is no immediate information on fees. Immigration expects to begin the application process on August 14, 2012. No applications will be accepted before then.
Anyone who meets the criteria and is currently facing deportation or immigration court proceedings should immediately seek legal advice. Anyone who already has a deportation order who meets the criteria should also contact a lawyer since they may also be able to apply.
Documentation will be critical to the approval of these applications. Legal assistance is highly recommended especially for anyone who has ever been arrested.
Attorney Bernadine H. Layne is the founder of Layne Law Group. She is a graduate of Harvard Law School and has been practicing law for over 30 years. She can help clients anywhere in the US since immigration is federal law. For additional information see our website www.laynelawgroup.com or call us at 404-231-1477
