Can the Deferred Action recipients Get US Green Cards?

If you are an undocumented immigrant in America, you may apply for deferred action status that will postpone your deportation for a period of two years. Undocumented immigrants who qualify for deferred action status will also be issued renewable work permits. Though deferred action grants a relief from deportation, you will not be permitted to obtain Green Cards or US citizenship. Even if you are granted deferred action status, deferred action benefits will not be extended to your family members and unless they qualify for deferred action status, they may not be entitled to the benefits of this program. If you believe that you are eligible for deferred action status, you may file Form I-821D, Consideration of Deferred Action for Childhood Arrivals along with an application for employment authorization. Hence, Form I-765, Application for Employment Authorization and Form I-765WS, Worksheet, must be filed along with Form I-821D. These forms must be filled out completely and filed with the right filing fee and if your petition is approved by the USCIS, you will be required to visit an Application Support Center to submit biometrics information.

Undocumented immigrants in America want the government to grant them lawful status as they have been living in the country for a very long time. All they want is lawful status and they want the US Congress to pass the DREAM Act and the DREAM Act would legalize the undocumented immigrants and it would initially grant them conditional status. Qualified undocumented immigrants can remain in America as conditional residents for 6 years and then they can apply for lawful status. DREAM Act would permit the undocumented immigrants to obtain Green Cards but not the deferred action process. Deferred action does not grant the recipients lawful status and deferred action is not a law.

Deferred action status may not be granted to all the applicants and only the individuals who prove that they meet the requirements by submitting verifiable documents, will be granted deferred action status. Undocumented immigrants who are currently abroad and individuals who were not present in America on 15th August, cannot file Form I-821D. Undocumented immigrants who have not been to school and who got into America after they turned 16 are ineligible for deferred action status. As deferred only grants temporary permission to remain in America and as it is not a law, few American states have announced that the deferred action recipients are ineligible for other state benefits whereas some American states have announced that deferred action recipients will be issued driver’s licenses and identification documents.

According to the immigration proposal of the White House, undocumented immigrants who meet certain key criteria would be permitted to obtain Lawful Prospective Immigrant visas and become lawful residents within eight years. If this law is passed, undocumented immigrants in America would become eligible for lawful status and they can also apply for Lawful Prospective Immigrant visas for their eligible dependents. However, according to the current law, deferred action recipients cannot apply for United States Green Cards.

USCitizenship.info | Articles


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