If my brother is illegal but he came to the U.S as a baby, finished high school and is now 25, what can he do?

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If my brother is illegal but he came to the U.S as a baby, finished high school and is now 25, what can he do?

He just heard about something the President passed were he can get a workers permit. Can you please explain more about this and how to apply?

Asked on October 13, 2012 under Immigration Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The program that you are referring to is called the Deferred Action for Childhood Arrivals.  Even though the President announced this initiative a year ago, the forms just became available-- so who exactly will get these is still in the air somewhat.  However, your brother would begin the process by filling out an application for this permit with USCIS (formally known as ICE).  Their website actually has a section which explains the filing process and who is eligible.  Here is a quick link to that section: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD  .  Based on what you describe, your brother is the type of person that this program was meant for.  Just as a caution, however, he may want to consult with an immigration attorney.  USCIS requires strict adherance to their procedures and failure to comply will result in a rejection of the application--- and since they would know where your brother was-- most likely begin the removal process.  A good immigration attorney can work him through the process while mimimizing exposure to deportation.


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