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Illegal residents can start applying for two-year Deferred Action program

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Updated: 8/15/2012 7:12 pm
Ilda Bustos aspires to be a local social worker.

"My big dream is to help people,” she says. “That's what I want because I know that it's very hard."

But, it’s Bustos who needs help. She’s an undocumented Bakersfield College junior. Her mother brought her to the states from Mexico five years ago when she was 15 years old. She says she’s scared of possibly being deported. That is why she is applying for the Deferred Action for Childhood Arrivals Program.

It is a means for undocumented immigrants, who entered the United States as children, to be protected from deportation for two years at a time. Bustos went to Andrew Fishkin's law office in Bakersfield Wednesday hoping to find out if she qualifies for the program.

"With this, I hope to be a professional person, get a better job or something and help my family," she says.

Fishkin says his office has been bombarded with people asking whether they qualify for the program.

“It's been crazy since June 15th when the announcement was made," Fishkin says. “Typically, I average five consultations a week for the last seven years. Now, I’m up to 120 consultations and have a two-week waiting list for appointments.”

The Deferred Action program does not give illegal residents a green card, a visa or any legal status, but it does provide a work permit. Bustos says during the school year, she works from 6 a.m. to 2 a.m. and then wakes up at 5 a.m. for class.

“I sleep like four hours sometimes, it’s very hard. I’m like a zombie or something in class,” she says. “It's hard because you don't have a card and you don't drive, and you're like oh my gosh, I would like to go to this place but I have to wait.”

During Bustos’ consultation with Fishkin, she was elated to learn she qualified for the program.

“A work authorization card allows them to get a Social Security card, drivers’ license, credit to work and to go to schools. It basically allows them to live out of the shadows,” Fishkin says.

Paola Fernandez says she's been living in the shadows all her life. She is also applying for the Deferred Action program.

"We live in fear of deportation,” she says. “Also, when we get our degree, we're not sure. There's a lot of uncertainty because we're not sure if we're able to get jobs that are a part of the formal market."

Fernandez came to the states when she was four years old. Now, a senior at CSUB, she hopes to one day be an immigration attorney. “The hope is that this will allow people to realize that we are able to contribute,” she says. “That will make it easier in order for them to pass the Dream Act.”

Here's who qualifies:

People between the ages of 15 and 30, who arrived in the U.S.
People living in the U.S. continuously for at least five years.
Applicants must have a high school diploma or equivalent or have served in the military.
Applicants must have a clean record.

"This is probably the most complex part of the program,” Fishkin says. “A clean criminal history doesn't mean you've never been arrested. A clean history means you have no felonies, you do not have three or more misdemeanors or any serious misdemeanors."

There is a $465 application fee, and Fishkin says applicants must complete their applications correctly the first time because if it's denied, they cannot appeal the decision.
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The views expressed here do not necessarily represent those of KGET TV 17 - In the Spirit of the Golden Empire

regperson - 8/20/2012 5:33 PM
0 Votes
They will not get Obama Money from BC.

murph56 - 8/16/2012 4:32 PM
2 Votes
It is odd how these people can enlist but when my son enlisted 2 years ago in the army he had to have his birth cert, high school diploma and his Soc Sec card, so how do these people enlist without them?

Just saying - 8/16/2012 12:42 PM
0 Votes
No, I didn't join under fraudulent means. Also a lot of people are under the impression that you have to have a high school diploma or a GED but you don't. I know a few people that are enlisted and as of now are still don't have either.

Paranah - 8/16/2012 11:49 AM
0 Votes
Just saying, If you're in the military did you admit it during enlistment or join under fraudulent means? Currently the requirements are: In order to join the US Military, you must either be a US citizen, or you must be a legal permanent immigrant, physically living in the United States, with a green card. The US military cannot and will not assist with the immigration process. If you are not a US citizen, you must legally and permanently immigrate to the United States first, via the regular immigration procedures and quotas, establish a residence, and then (if you meet the other qualifying criteria), visit a military recruiter's office and apply for enlistment.

Just saying - 8/16/2012 10:49 AM
0 Votes
Paranah, you don't have to be a citizen or legal imigrant with a green card to enlist. How do I know this you may ask? Well I am an Illegal imigrant and I'm enlisted. I was brought into this country when I was only 1yrs old. I know nothing else and I'm very proud to serve this county that have giving me a better life then what I would of had in my birth country. My family has never been on any government assistances before anyone brings that subject up. I have two brothers that attended BC at their own expense. Thanks to this Defered Action they will be able to use their degrees and attened Cal Bakersfield to further their education again at their own expense. FYI my parents have been saving since they arrived to make sure that we would be able to pay for a education.

jeju004 - 8/16/2012 6:55 AM
4 Votes
If anyone should know about fraud papers it's Obama in turn has false documnt stating he's Ameican when it's been investagated that it was a false signed document. He should have been impeached already. This is so ridiculus. i guess he will allow false paperwork for the illegals as well!

murph56 - 8/16/2012 6:38 AM
4 Votes
Where is the line for Americans to get some rights in this country? Oh I'm sorry I forgot we don't have one, if we did that would make us racist!My bad, carry on all you criminals and have a nice day thanks to your king Obama!

Paranah - 8/16/2012 5:33 AM
2 Votes
jeju004, one of the comments that was posted previously was profanity written in spanish. The automatic censor wouldn't allow the english translation to be posted. So every comment was deleted.

Paranah - 8/16/2012 5:27 AM
2 Votes
Obama couldn't get his dream act passed when he has a democrat controled congress so ge used his executive order to establish his amnesty called Defered Action. One requirement I don't understand, Applicants must have a high school diploma or equivalent or have served in the military. Under current military rules one has to be a citizen or legal imigrant with a green card residing in the USA to enlist. So how could an illegal have served served in the military? As Comander in Chief of the military Obama should know the requirements to enlist.

jeju004 - 8/15/2012 9:58 PM
0 Votes
I want to know why the comments that were on here earlier have disappeared??
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