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Children and Other Dependents of “Deferred Action” Beneficiaries

Written By The Shapiro Law Group on September 19, 2012

Many people are concerned about how the Department of Homeland Security (“DHS”) will treat children and other dependents of “deferred action” beneficiaries (those in the country illegally who are adjudged to be entitled to a”deferred action” status that will temporarily inoculate them from prosecution).

Unfortunately, according to DHS’s current rules, the process for receiving deferred action status is only available to those who satisfy all of the eligibility criteria on their own. As a result, immediate relatives, including children and other dependents, of individuals who receive deferred action status are not eligible to apply for the same status, unless they independently satisfy the eligibility criteria.

Thus, aged parents, disabled relatives and others will have to seek their own means of staying in the country lawfully, such as an application for exercise of prosecutorial discretion under the June 2011 Prosecutorial Discretion Memorandum issued by Immigration and Customs Enforcement (“ICE”). These individuals can also take some comfort from the fact that DHS and ICE are prioritizing their deportation efforts, targeting their energy and their use of lean resources on dangerous criminals and those who present a serious security threat to the United States.

We generally do not handle deportation matters, but if you need legal assistance pertinent to a visa or a workforce issue related to immigration, do not hesitate to contact our offices at (847) 564-0712. You can also check out our immigration law Website for more information about how we might assist you.