Deferred Action For Childhood Arrivals (DACA)

Consideration of Deferred Action for Childhood Arrivals Process

 The forms were announced on August 14, 2012 – I-821D (Deferred Action Request), I-765(Work authorization) and I-765WS

Form I-821D has no filing fee but must be submitted with the I-765 and I-765WS. The I-765 has a $380 filing fee and must be submitted with the $85 biometrics fee, hence the $465 charge

Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals for a period of two years, subject to renewal, and may be eligible for employment authorization.

The following is information prepared by the Law Office of Ruby L. Powers from information provided by USCIS, as of August 3, 2012.  

DEFERRED ACTION LIST OF DOCUMENTS FILING FEE:

$465 to US Department of Homeland Security- includes deferred action status request, work authorization application and biometrics fee

You may request consideration of deferred action for childhood arrivals if you:

1. Were under the age of 31 as of June 15, 2012;

 Birth certificate, English translation

2. Came to the United States before reaching your 16th birthday;

 Proof of when you entered or soon after entry, you were in the US before age 16, may include, but is not limited to: financial records, medical records, school records, employment records, and military records

3. Have continuously resided in the United States since June 15, 2007, up to the present time;

 May include, but is not limited to: financial records, medical records, school records, employment records, and military records that show residence in the US from June 15, 2007 to June 15, 2012 – make sure at least each year is covered, ex. 2007, 2008, 2009, 2010, 2011 and 2012.

4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

 May include, but is not limited to: financial records, medical records, school records, employment records, and military records that show residence in the US on June 15, 2012 and be in the US when you file for deferred action

5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

 If entered with lawful immigration status, show it expired as of June 15, 2012

6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

 Show that you meet this requirement as of June 15, 2012. 1. In school when you request deferred action status, OR 2. show high school graduation, 3. show GED certificate, OR 4. show honorably discharged veteran of the Coast Guard or Armed Forces of the United States.

 Documentation sufficient for you to demonstrate that you are currently in school, have graduated from high school, or have obtained a GED certificate may include, but is not limited to: diplomas, GED certificates, report cards, and school transcripts

7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

 Ideally, show police clearance letter OR

 If record, have certified copies and discuss in detail with attorney considering filing.

8. 2 Passport-sized photos,

9. Vaccination Records, 

10. Identification – Passport, Driver’s License, or Consular Card

11. Copies of all tax returns you have submitted to IRS, and

12. Copies of any documents indicating any other petition/action has been submitted to INS/USCIS and is pending.

For more information: USCIS’s website regarding Deferred Action

USCIS will not accept affidavits as proof of satisfying the following guidelines: • You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development certificate, or are an honorably discharged veteran from the Coast Guard or Armed Forces of the United States; • You were physically present in the United States on June 15, 2012; • You came to the United States before reaching your 16th birthday; • You were under the age of 31 on June 15, 2012; and • Your criminal history, if applicable.

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