PUBLISHED: WEDNESDAY, AUGUST 15, 2012, 4:00 AM

UPDATED: WEDNESDAY, AUGUST 15, 2012, 4:00 AM

The Obama deferred action program for undocumented youth is on. Some Dreamers want to submit their applications as soon as possible. Filing early makes sense, but it’s better to do it right than to file it early. Friday, I’ll provide more information about the process. Meanwhile, you can get more information at uscis.gov/childhoodarrivals.

If you qualify for what U.S. Citizenship and Immigration Services calls Deferred Action for Childhood Arrivals, get to work on your application. Don’t miss out on getting two-years legal status and employment authorization.

Q. I am a U.S. citizen, but my fiancé is undocumented. He came here illegally as a child. Should he apply for the Obama deferred action program? My fiancé and I are planning to get married soon. We want to get him his green card, but meanwhile we need your advice about whether he should try to get deferred action.

Orem, Utah

A. Your fiancé should get deferred action status. Doing so could make it easier for him to get permanent residence.

First, with deferred action, hell get employment authorization. If he starts working, that may help you prove that he won’t become a “public charge,” a person who needs government cash assistance.

More important, if your fiancé can get USCIS travel permission, called “advanced parole,” he will then qualify to adjust status — to interview for permanent residence in the United States. USCIS says that individuals with deferred action status can get advance parole only for humanitarian, business or educational reasons. It’s too early to tell how strict USCIS will be in applying these rules.

Finally, by working with USCIS permission, your fiancé will increase his ties to the United States. That will help if he needs to travel abroad to get him an immigrant visa. Since he has been here so long unlawfully, he’ll need a USCIS waiver, a form of forgiveness, once he leaves the United States without advanced parole. President Obama has promised that spouses of U.S. citizens needing an “unlawful presence” waiver will be able to apply for that waiver before leaving the United States. That process should be in place by the end of this year. By working, your fiancé’s improves his chances to get the waiver.

Q. Do high school students who have yet to receive their diploma qualify for Deferred Action for Childhood Arrivals? These students meet all other DACA requirements.

Name withheld, Gilroy, Calif.

A. Yes, though they must be at least age 15 to apply. If the students are not yet age 15, they may apply once they reach that age. An exception is for young people already in removal (deportation) proceedings. They qualify for deferred action before turning 15.
Read more: http://www.nydailynews.com/new-york/early-filing-obama-deferred-action-program-smart-filing-correctly-smarter-article-1.1135980#ixzz23c4McA3v

About the author

Ruby Powers

The child of a Mexican immigrant, Powers gravitated toward an international life by later marrying a Turkish immigrant. Having lived and studied in Belgium, Mexico, Turkey, Spain, and the United Arab Emirates, Powers speaks Spanish, French, and a hint of Turkish. With a passion for service and justice coupled with cultural understanding and an interest for immigrants, Powers dedicates her law practice to immigration law.