The Traps of Deferred Action

     The Deferred Action Program by the government has attracted thousands of applicants all across the nation.  In our facebook page alone (www.facebook.com/USA.Lawyer), we have received many questions on how this affects young people who have overstayed their status in the U.S.  Our response has been always one of caution and prudence before taking the plunge.
      It is extremely important to understand that this program is discretionary.  We have explained to many that this means that the immigration officer who reviews your application may choose to deny or approve it.  Even though there is policy that the application would not be shared with Immigration Custom and Enforcement (ICE) for prosecution, this is still not a guarantee that an applicant is safe from removal.  This is why it is so important to work with an attorney.  
      The attorney handling deferred action must insure that if things go wrong, there would be representation before the court.  The attorney must have a plan B if things don’t go as planned.  There must be an alternative action if Immigration decides to prosecute
      The most common concern by many we spoke with is what about the status of the parents.  It would help if there is also an action plan for them in case immigration decides to go after them.  Sometimes a thorough and in depth interview would reveal that there is relief for the parents. For instance they can be eligible for the ten year relief or asylum.  These reliefs need to be examined.
     Due to this overriding concern by many, our office has guaranteed that our attorneys will be available in case immigration attempts to remove or deport any of our clients.  We want to make sure that we will be there for you from start to finish and this means getting a work permit. And if immigration decides to pull the plug, we will guarantee that we will bat for you and insure that you get the best legal representation for your money.
      Many are also concerned that if the Republicans win, this whole immigration program may get scrapped. This is possible.  Republicans are on the record that they don’t like this program.  Any attorney who takes on a deferred action case must also be prepared for this.  If the Republicans win they may pull the rug from under the applicants.  And many may get stuck in a limbo – exposed for deportation.
     This new immigration program is an opportunity that many must seriously consider.  However please know your rights and know the risk.  There are complicated immigration laws that govern this area of Deferred Action Program.  It’s not just a matter of completing the application and sending it off.  Your future is stake. Be careful.



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