Monday, October 15, 2012

Oak Lawn Immigration Attorney | Deferred Action Education Requirement

The program DACA or (Deferred Action or Childhood Arrivals) has found itself up against a major barrier. This barrier is in regards to the educational requirements which is a key fertile in immigrants obtaining a "legitimate status" under DACA. It is estimated that 350,000 youths are not eligible for DACA because the barriers to the educational requirements are simply too high. Many applicants are attempting to get their GED but are unable to or two major reasons. The first reason is that the GED program is cost prohibitive. Many applicants have an out-of-pocket cost of $4000 for one year in the GED program. This costs is way beyond the means of many individuals were brought to this country at a young age and now are in a low income bracket as a result of not being eligible for work authorization and forced to work in a cash basis system. The second major roadblock for individuals in regards to the education requirement, is a lack of availability of GED programs that have available slots for individuals in this predicament. Many GED programs are either blocked or not reserved or maintain slots for individuals who are undocumented. As a result, many individuals who qualify for DACA cannot gain enrollment in GED courses.

 An additional complication is the lack of many applicants ability to speak English in a proficient manner. Some states have allowed GED programs and the GED tests to be completed in Spanish, but not all states. This presents a major problem DACA applicants would like to get their GED and move on through a DACA application. Of the 1.7 million undocumented immigrants were eligible for deferred action between 320,002 to 350,000 may not meet the education requirement. One major problem of the educational acquirement that DACA insists upon is that it creates a substantial burden on the poorest of the poor. Many individuals who are unable to afford the GED requirements cannot qualify for DACA because they cannot afford the GED program, college, or other education. There is a disproportionate number of individuals who would qualify for DACA otherwise, but cannot afford to complete their GED and therefore are ineligible for DACA. Deferred Action is therefore "a program for rich undocumented aliens" and not a program that would benefit the undocumented poor.

If you believe you may qualify for Deferred Action and would like to speak with an attorney who is knowledgeable on the subject, please do not hesitate to contact

The Law Office of Jonathan W. Cole
5013 W. 95th St.
Oak lawn, IL 60453

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