Immigration Lawyer Serving All 50 States 

Let Us Help You With Deferred Action

• Where Can I Find More Information on Deferred Action?

  To receive our guide on the top ten things you need to know about Deferred Action, please fill out the form above and you'll receive it via email instantly.

• Do I Qualify?

  - If you are at least 15 years old, under 31 years old as of June 15, 2012, and have lived in the US continuously for 5 years including June 15, 2012, and entered the US under the age of 16, and are in school or have graduated or have your GED, or are a honorably discharged veteran, and have no significant criminal record nor pose a threat to national security or public safety you are eligible to apply for deferred action.
  
  - You must also complete and successfully pass a FBI background check conducted by USCIS. You must be able to prove these requirements to USCIS through acceptable documentation. Obtaining deferred action will allow DREAMers to apply for a work permit (employment authorization).
  
  - For more information, please click here.

• What is Deferred Action and How Is It Different Than The Dream Act?

  - Deferred Action is form of prosecutorial discretion that allows a non-US citizen to remain in the U.S. with temporary legal immigration status. This form of administrative relief from removal (deportation) can be granted without having to go to immigration court. This means there is no recourse to litigation or appeal if deferred action is denied. As there are no applicable statutes or case law, authority and directives come from agency manuals and internal memoranda. Because the entire process is discretionary and effectively determined on a case-by-case basis the decision to grant or deny deferred action has the potential to be variable in its results.
  
  - The Dream Act is legislation that would have to be approved by Congress and signed by the President to become law. Previous versions of the Dream Act have contained a pathway to citizenship, while deferred action does not provide a pathway to citizenship or lawful permanent residency (green card) as the President does not have the authority to provide this pathway. Passage of the Dream Act would provide a permanent solution to DREAMers.
  
  - For more information, please click here.

• How Easy Will This Be?

  - We expect the most potentially challenging part of the process will be in obtaining the necessary supporting documentation acceptable to USCIS to prove age at entry, your current age, and continuous 5-year residency including date of memorandum.
  
  - We expect that proving educational status should be relatively straightforward.
  - We expect that proving honorable discharge veteran status should be relatively straightforward.
  - If an individual has a criminal record determining what constitutes a “significant” misdemeanor could be challenging issue.
  
  - For more information, please click here.

• Why Benouis Law Office?

  - Personnel working at the firm have provided over 4,000 employers all across the US with the work authorization permits for over 65,000 individuals under the H-2A and H-2B visa programs and have more than 30 years total experience in the field.
  
  - Compared to deferred action, the H-2B and H-2A visa process is significantly more complicated, lengthy (normally 4-5 months) and deals with more agencies: USCIS, Department of Labor (DOL), State Workforce Agencies (SWA) and involves more forms and supporting documentation. We are accustomed to having to provide additional information, documentation and persuasion to support an existing application to achieve the desired result.
  
  - I have been practicing immigration law for 6 years as a member of the American Immigration Lawyers Association (AILA). I have been practicing law for over 15 years. In addition to practicing Immigration I practice Intellectual Property (technology law) including being a General Counsel and Vice President of Sales and Marketing in software and services companies. We understand how to use technology and social media, along with high touch customer service to deliver the practice of law efficiently and enjoyably to our clients.
  
  - Nothing is more valuable and important to me than my character. The honor code that I was required to live by when I attended the United States Military Academy at West Point was, "a cadet will not lie, cheat or steal, or tolerate those who do." The motto at West Point is "Duty, Honor, Country." The definition of duty is "choosing the harder right over the easier wrong." My class motto was "Courage Never Quits." I have internalized these statements and they define who I am and how I conduct myself in the world.
  
  - I believe in service to others. I have been Chairman of the Board of a Texas-based public policy foundation for over 6 years that has our president on the DHS Advisory Council appointed by Secretary Napolitano and helped get the Children’s Health Insurance Program passed in Texas. I am a board member of Texas Interfaith Power and Light that helps to educate faith congregations to protect the environment and conserve energy. I co-founded the Fort Hood Family Fund and raised over $130,000 to help the families affected by the shooting. I was the Executive Director for Justice For Yee and helped raise over $200,000 for Chaplain James Yee’s legal defense fund. I have provided many hours of pro bono legal advice and assistance to various members of the community.
  
  - To learn more about Benouis Law, click here.