As announced on August 3, 2012 USCIS expects to make all forms, instructions, and additional information relevant to DACA process available on August 15, 2012. USCIS will then immediately begin accepting requests for consideration of deferred action for childhood arrivals. http://www.uscis.gov/USCIS/Resources/daca.pdf
· Beginning August 15, 2012, you will be required to submit your request for consideration of deferred action to USCIS through a form, along with form requesting an employment authorization document. The total fee will be $465.
· Fee waivers are not available. However, fee exemptions will be available in very limited circumstances.
· See link for brochure for more information if you are currently in removal proceedings, have final removal order or have voluntary departure order.
TO BE CONSIDERED ON AN INDIVIDUAL BASIS FOR DEFERRED ACTION UNDER THIS PROCESS< AND INDIVIDUAL MUST:
· Have come to the United States under the age of 16
· Have continuously resided in the United States for at least five years preceding June 15, 2012 and have been physically present in the Unites States on June 15, 2012;
· Currently be in school, have graduated from high school, have obtained a general education development certificate (GED), or be honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
· Not have been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
· Not be above the age of thirty
DO NOT REQUEST DEFERRED ACTION YET!
It is important to note that this process is NOT yet in effect and individuals who believe they meet the guidelines of this new process should NOT request consideration of deferred action before August 15, 2012. Request submitted before August 15, 2012 will be rejected. This is not an executive order. The policy does not grant Deferred Enforced Departure (DED) or Temporary Protected Status (TPS), which are designated by the President by executive order on humanitarian grounds. Even though the President decides who does or doesn’t qualify for TPS and DED, these statuses carry certain due process protections. Applications can be appealed in immigration court if initially denied. TPS or DED status cannot be terminated without cause. In contrast, the policy announced only grants deferred action. Meaning there is no right to appeal a denial. While applicants can ask for supervisory review of an initial denial, that supervisory decision will be final.
There are things you can do now If you are planning to apply for deferred action, you can be your advocate and start preparing your documents now. If you decide to apply you will be close to ready to go and if you don’t there is no harm done. Some things to think about gathering include:
· Birth certificate; you were born after June 15, 1981
· Have current passport (if not, make an appointment with your embassy as soon as possible)
· Previous immigration applications, visa(s) (if you have any). Entered without inspection before June 15, 2012 or your lawful immigration status expired as of June 15, 2012
· Arrived in the United States before the age of 16
· Have continuously resided in the United States since June 15, 2007, up to the present time (including being present June 15, 2012)
· All medical, financial, or school records (if you currently attend school include college acceptance letters, scholarships and awards etc.)
· High School Diplomas or General Educational Development Certificate (GED), or that you are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces;
· Are at least 15 years of age at the time of filing
· Records of employment
· Volunteer work
· Extracurricular activities and sports
· Photos various ages showing you were in the U.S. (landmarks are great!) letters from teachers, employers, friends, etc.
· Bank records, cell phone bills, utilities, taxes paid
· Old criminal records and dispositions (if any)
· Affidavits from individuals who know the applicant and who can attest to the applicant’s residence in the U.S. The individual making the affidavit must state his/her name, address, how he/she knows the applicant, how long he/she has known the applicant, and how he she knows about the applicant’s continued residence in the United States since the date of entry, or for periods relevant to the 5 year window, or both. The affidavit does not need to be particular format, and can take the form of a letter, but should be signed before a notary public (which can be obtained at a law office or at your local bank). Do not allow notaries to give you immigration legal advice.
· Basically any document from your entire life ever
Remember deferred action will come down to what makes sense for YOU as a person in YOUR situation. Weigh the pros and cons, talk to family who you trust, and make decision that is right for YOU. Read this article: http://www.citizenorange.com/orange/2012/06/third-times-the-charm-doubts-a.html
Make sure not to use the services of “notario” who cannot practice immigration law. To determine whether the person assisting you is knowledgeable and license, consider checking whether they are a member of the American Immigration Lawyers Association (AILA) by going to www.aila.org to check. Looking for a reputable lawyer in your area check www.ailalawyer.com, which is a free service for finding a qualified lawyer. Lawyers on that service must attest that they have been a member of AILA for at least 2 years, have taken a number of continuing legal education courses, have malpractice liability insurance, and are a member of a state bar and authorized to practice law.
Don’t forget to visit www.uscis.gov to learn more about the announcement, eligibility criteria and to find latest updates, and learn more about how to avoid becoming a victim of an immigration service scam. www.uscis.gove/avoidscams
Contact USCIS for more information at 1-800-375-5283. Customer assistance available in English or Spanish.
Contact ICE at 1-888-351-4024 if you are currently in removal proceedings and meet the criteria explained above.
DO NOT: Do not Pay anyone who claims they can request deferred action on your behalf or apply for employment authorization through this new process before USCIS announces an implementation date.
Do not Send an application seeking work authorization related to this process. Unauthorized practitioners of immigration law may try to take advantage of you by charging a fee to submit forms to USCIS on your behalf. Visit www.uscis.gov/avoidscams for tips on filing forms, reporting scams and finding accredited legal services. Remember, the Wrong Help Can Hurt! See here for informational brochure http://www.uscis.gov/USCIS/Resources/daca.pdf
More helpful websites you may also like to check out:
This blog entry has been updated as of Tuesday August 7, 2012. This page is a work in progress, as more details, about deferred action continues to be release. Notice this page is to be taken as a blog entry only. This information is not to be taken in any way, shape, or form as substitution for legal representation or advice. Every case is different and Generación Latina, Inc. is not to be held responsible. Therefore we strongly recommend seek legal advice from a registered lawyer.