Articles Posted in Deferred Action / DREAMers

Earlier this month, the Biden Administration and the U.S. Department of Homeland Security announced two new initiatives related to immigrants. One is tailored toward expediting the work visa process for college degree-holding Deferred Action for Childhood Arrivals (DACA) recipients (“DREAMers”) who graduated from U.S. colleges and universities. The other is designed to help undocumented spouses and children of U.S. citizens in their pursuit of legal status. The new initiatives are yet another reminder that the law regarding DREAMers is fluid and evolves frequently. As you pursue your work visa, it is wise to retain a knowledgeable Maryland immigration lawyer who is fully up-to-date on the latest changes related to DACA and the Development, Relief, and Education for Alien Minors (DREAM) Act.

One initiative will purportedly expedite the process for DREAMers with college degrees from accredited U.S. colleges/universities and have qualifying job offers. To access the new policy, the offer must be: (1) from a U.S. employer and (2) be in a field related to the applicant’s university major. Additionally, the applicant must “otherwise qualify for the nonimmigrant visa they are applying for.”

If the applicant meets these criteria, he/she could be eligible for a Section 212(d)(3) waiver. Section 212(d)(3) allows federal immigration authorities, on a discretionary basis, to waive most grounds of inadmissibility. This part of the new initiative involves providing enhanced clarity regarding waiver eligibilities, processes, and procedures under Section 212(d)(3).

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