Deferred Action for DREAMers

					Can I travel outside the U.S. if I get
deferred action?                                           HESS & SCHUBERT, LLP                                               Frequently Asked Questions
Yes, but only after receiving Advance Parole.

What documentation will I need to                          HESS & SCHUBERT, LLP is dedicated to people who
apply for deferred action?
•   Current, unexpired passport;
                                                           need the help of experienced trial lawyers. Ted Hess and
                                                           Bill Schubert have more than 50 years of combined experi-
                                                           ence handling difficult immigration, criminal, and personal
                                                                                                                            Deferred Action
    Birth certificate;
    Certified copies of school transcripts;
    High school diploma or GED certificate;
                                                           injury cases. It is the only firm in Western Colorado with the
                                                           experience necessary in both criminal law and immigration
                                                           law to handle the difficult issues faced by undocumented
                                                                                                                             for DREAMers
                                                           immigrants who are charged with crimes.
•   Certified register of actions for all criminal court
•   Federal income tax returns, if no longer in school;                    TED HESS served in Vietnam and then
                                                                           spent more than 22 years as a military at-
•   Paystubs or other documents showing presence
                                                                           torney and judge. He retired as a Brigadier
    on June 15, 2012; and                                                  General and the top lawyer in the Marine
•   Proof of income, assets, and debts.                                    Corps. He has since built a reputation as
                                                                           one of the best trial lawyers in the area. In
How much does deferred action cost?                                        the past five years, he has tried more crimi-
The government fee is $465.                                nal cases than any other lawyer in the area.

                                                                            BILL SCHUBERT          was raised in West-
How can a lawyer help me get de-                                            ern Colorado. He received a B.A. degree in
ferred action?                                                              Government from the University of Texas
A lawyer can help you:                                                      at Austin and a law degree from Baylor
                                                                            University. He became a partner in a pres-
•   Get the records you need;                                               tigious Texarkana firm and practiced there
•   Organize and complete your application;                                 for 12 years before moving back home in
•   Build a case for eligibility;                          2006. He has handled complex felony and misdemeanor
•   Respond to requests for evidence; and                  cases in three states, representing defendants in two capital
•   Get disqualifying convictions thrown out.              murder trials and four capital appeals. He has handled hun-
                                                           dreds of felony, misdemeanor, and DUI cases in Colorado.

                                                                           KAREN McCARTHY is Hess & Schu-                   HESS & SCHUBERT, LLP
                                                                           bert’s first Spanish-speaking immigration
                                                                           attorney. Karen has successfully advocated
                                                                           for individuals before the U.S. Citizenship
                                                                           and Immigration Service (USCIS), before
                                                                                                                                           110 8th Street
                                                                           immigration court, the Board of Immigra-
                                                                           tion Appeals, and before international                 GLENWOOD SPRINGS, CO 81601
                                                           consulates. Karen holds a law degree from the American             Main Line 970-945-5300 / 1-866-410-5300
                                                           University’s Washington College of Law in Washington,
                                                           DC. Upon graduation, Karen received recognition as a J.D.
                                                                                                                                     For more information visit us at:
                                                           Distinguished Fellow. In addition to her law degree, Karen
                                                           holds a Bachelors degree in International Relations and         
                                                           Hispanic Studies from the College of William and Mary in
                                                           Williamsburg, Virginia. Karen’s international education in-
                                                           cludes studies at the University of Morelia in Michoacán,
                                                           Mexico and the University of Valencia in Spain.
Who is eligible to receive deferred                        Does the process result in permanent
action?                                                    lawful status for beneficiaries?
Undocumented immigrants may apply for deferred             No. You get 2 years of deferred action.
action if they:
• Are at least 15 years old and under 31 years old as
      of June 15, 2012 (born on or after June 16, 1981);   Will dependents and other immedi-
• Came to the U.S. under the age of 16;                    ate relatives of individuals who re-
• Have continuously resided in the United States           ceive deferred action also be eligible
      for the 5-year period ending on June 15, 2012        to receive deferred action?
      and thereafter;                                      No. The new process is available only to those who
• Are in school, have graduated from high school,          satisfy the eligibility criteria.
      or have obtained a GED certificate; and
• Are not disqualified by criminal convictions.
U.S. Citizenship and Immigration Services (USCIS) will     How long will deferred action be                          Note: At the time this brochure was written, it is un-
                                                           granted for?                                              clear whether (1) a domestic violence offense not in-
take fingerprints and a government photograph and
                                                           2 years. At the expiration of the two year period, the    volving the use of force, (2) a DWAI, and (3) a Driving
will run biographic and criminal background checks in
                                                           grant of deferred action can be renewed.                  Under Revocation/ Suspension offense are disqualify-
a variety of government databases.
                                                                                                                     ing offenses.
                                                           Does this policy apply to those who
                                                                                                                     What can I do about a disqualifying
                                                           are subject to a final order of removal?
                                                           Yes, as long as the individual subject to a final order   criminal conviction?
                                                           can demonstrate that he or she meets the eligibility      You can try a “collateral attack” under Rule 35(c) of
                                                           criteria.                                                 the Colorado Rules of Criminal Procedure. If you
                                                                                                                     were not represented by a lawyer or were given bad
                                                                                                                     advice about the immigration consequences of a
                                                           If I apply for deferred action and am                     criminal conviction, you may have a strong factual ba-
                                                           denied, will my family or I be deported?                  sis for a collateral attack.
                                                           No. USCIS will not disclose information about you or
What is deferred action?                                   your family to ICE unless you have been convicted of      I made a short trip to Mexico during
                                                           a serious crime.
Deferred action is an administrative status used by the                                                              the five years before June 15, 2012.
Department of Homeland Security (DHS). It means
                                                                                                                     Does such a trip destroy the 5 years
DHS and Immigration and Customs Enforcement (ICE)          What criminal convictions will dis-
have chosen not to pursue immigration enforcement                                                                    of continuous residence I am required
                                                           qualify me from deferred action?
action against you for a specified period.                 •   Any conviction for a crime which carries a maxi-      to show?
                                                               mum possible punishment of more than one year         No, a brief, innocent trip outside the U.S will not in-
                                                                                                                     terrupt the 5-year continuous presence requirement.
Can I get employment authorization?                            of imprisonment, including any Colorado Class 1
Yes. Individuals who receive deferred action may ob-           misdemeanor.
tain employment authorization. An economic neces-          •   Any conviction of a DUI, or a domestic violence,      I graduated from high school in the
sity for employment must be shown.                             sex, or firearm misdemeanor, or a misdemeanor         U.S. but now attend a university in
                                                               in which an actual jail sentence of more than 90
                                                               days was actually imposed.                            Mexico. Am I eligible for deferred
What is the benefit of employment                          •   Three (or more) misdemeanor convictions in            action?
authorization?                                                 which jail time was actually imposed.                 No. You do not have 5 years of continuous presence
You can get a valid social security number, a Colorado     •   Traffic offenses, including Driving without a Li-     before June 15, 2012 and were not present in the U.S.
driver’s license, and permission to work in the U.S.           cense, will not be considered convictions.            on June 15, 2012.
                                                           •   Juvenile convictions will be considered on a case-
                                                               by-case basis.

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