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Social Science 2012-08-24

Obama's Conditional Resident Program Offers Some DREAM Act Protections to Young Immigrants

President Obama's "deferred action" resident alien program may put some young immigrant on the path to lawful status in America.

August 24, 2012

Even though the Development, Relief and Education for Alien Minors (DREAM) Act again failed to be passed into law by Congress (it has been proposed numerous times since 2001), President Obama recently signed an executive order granting qualified young illegal immigrants some of the Act's protections.

What Does the Executive Order Cover?

The executive order -- titled "Consideration of Deferred Action for Childhood Arrivals" -- was signed by President Barack Obama on June 15, 2012. It went into effect on August 15. The deferred action program allows immigrants who meet certain criteria the opportunity to apply for a two-year work/study visa that can be renewed indefinitely while they are in the U.S. to work or attend school.

The program is open to applicants who:
- Are between the ages of 15 and 30 (measured as of the date of the order, June 15)
- Have lived in the U.S. for at least five calendar years prior to the date of the order
- Are physically present in the U.S. as of the date of their application for the deferred action program
- Entered the U.S. before their 16th birthday
- Are not considered a threat to national security or public safety
- Have graduated from high school or received a GED, or are enrolled in the military or have been honorably discharged from the military following service
- Have not been charged with or convicted of a felony-level or significant/gross misdemeanor-level criminal offense
- Have not been convicted of three or more simple misdemeanor-level criminal offense

Some states around the country -- including Arizona and Nebraska -- are limiting the scope of the President's deferred action program by signing executive orders of their own and are threatening legal action to challenge the program, but for now, the President's order stands. If you or a loved one would like to apply for a work permit under the new deferred action program, visit a local immigration attorney in your area to learn more about your legal rights and options.

Article provided by Schunk Law Firm P.C.
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