|
CATEGORIES-ALPHABETICAL ORDER
|
DEFERRED ACTION (DA)
|
SPECIAL IMMIGRANT JUVENILE
(SIJ) IN NY
|
COMMENT
|
|
AGE
|
15-30.
|
0-21.
|
Under 21 do SIJ; over 21 do DA.
|
|
AGE
AT US ARRIVAL
|
Less than 16 years.
|
Under 21 years.
|
|
|
APPEAL
OF ADVERSE DECISION
|
No.
|
Yes from both Family Court and immigration.
|
|
|
COLLEGE
LOANS
|
Yes.
|
Yes upon application to immigration.
|
May apply for college loans faster with DA.
|
|
CONTINUOUS RESIDENCE IN US FOR FIVE YEARS TO APPLY
|
Required.
|
Not required.
|
|
|
COST-APPLY
|
Probably about $515, which is the TPS cost; may seek fee-waiver.
Details forthcoming.
|
1. Family
Court is free.
2. Immigration
is $1070 but may seek fee waiver if earning less than $16,755/year.
|
|
|
CRIMES-1 FELONY
|
May not apply.
|
Depends which crime.
|
|
|
CRIMES-1 MISDEAMEANOR
|
May apply unless a significant misdemeanor.
|
Depends which crime.
|
|
|
CRIMES-1 MISDEAMEANOR
|
May apply unless a significant misdemeanor.
|
Depends which crime.
|
|
|
CRIMES -2 MISDEAMENORS
|
May apply unless a significant misdemeanor.
|
Depends which crimes.
|
|
|
CRIMES -3 MISDEAMENORS
|
May not apply.
|
Depends which crimes.
|
|
|
DENIAL OF IMMIGRATION-REFERRED TO ICE FOR REMOVAL
|
Probably.
|
Usually does not happen.
|
|
|
FALSE DOCUMENTS
|
Probably need to apply for discretionary I-601 exemption. Details
forthcoming.
|
No problem. Specifically exempted from SIJ.
|
|
|
ILLEGAL
ENTRY IN US
|
May apply.
|
May apply.
|
|
|
IN
HIGH SCHOOL OR HS GRADUATE/GED
|
Required to apply.
|
Not required.
|
|
|
IN
US ON 6/15/2012
|
Required to apply.
|
Not required.
|
|
|
LENGTH
OF TIME IMMIGRATION STATUS WIL LAST
|
Two years, may be renewed; however may be terminated at agency’s
discretion.
|
Forever.
|
|
|
MARRIED
|
May apply.
|
May not apply if presently married.
|
|
|
MARRIAGE LEGALIZE YOUR SIGNIFICANT OTHER
|
No.
|
Yes, especially when you are a citizen.
|
|
|
MILITARY
JOIN
|
Generally not, however very limited exception.
|
Yes, and if so, a citizen in 9 weeks, yes weeks.
|
|
|
ORDER
OF REMOVAL (DEPORTION)
|
May apply.
|
May not apply.
|
One benefit of DA over SIJ.
|
|
PROCESS
|
Apply to Immigration.
|
Seek guardianship in Family Court. Apply to immigration.
|
|
|
PROCESS TIME
|
Probably about 4-6 months (similar to TPS). Details forthcoming.
|
Family Court:
3-6 months.
Immigration: 6 months.
|
|
|
REMOVAL PROCEEDINGS PENDING
|
May apply.
|
May apply with authorization of Immigration Judge
|
|
|
TRAVEL OUTSIDE US
|
Details forthcoming.
|
Yes.
|
|
|
WORK AUTHORIZATION
|
Yes. But must show economic necessity.
|
Yes upon application to Immigration.
|
Work authorization will be faster with DA.
|
|
©Copyright
2011
|
Merrill Clark, Esq.
110 Wall Street, 11th FL
NY, NY 10005
|
merrillj.clark@verizon.net
www.nysij.us
|
(646) 706-7031
|
