Applying for Deferred Action (DREAM ACT) with a Deportation Order, Removal Order or In Absentia Order

Today is August 15, 2012 and Immigration (USCIS also known as DHS) is accepting Deferred Action applications .

Is the application process for Deferred Action simple?

Well . . . for some people it may not be as simple as others. I’m often asked about how to apply for deferred action if you have a removal order (also known as a deportation order) or perhaps an in absentia order (which essentially means that you did not appear in Court and were ordered deported/removed without you being in Court by an Immigration Judge).

There is good news . . . well somewhat good news. Even a person with a deportation or removal order may apply for deferred action. However, it is not as simple as applying for deferred action without a deportation or removal order. It will require a two step process which will involve both applying for deferred action with Immigration (USCIS or DHS) and filing what is known as a motion to reopen with the Office of the Chief Counsel which are the lawyers that represent DHS (essentially you can think of them as prosecutors) and the Immigration Court. Obviously, don’t assume that the Office of the Chief Counsel will automatically agree to reopen the deportation/removal case, or that the Immigration
Court will do so. It will certainly be somewhat challenging , but certainly doable. We have been very successful in getting the Office of the Chief Counsel and the Immigration Court to reopen cases even before the Deferred Action program, so I’m hoping our success rate will continue.

In any event . . . I wish everyone good luck and hope that finally all your DREAMs come true.