Deferred Action for Childhood Arrivals

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Nov 30, 2013 (3 years and 4 months ago)

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R.S. “Rob” Ghio

Law Office of R.S. Ghio, P.C.

(817)543
-
2557

The Nuts and Bolts of

Deferred Action for Childhood Arrivals

(DACA)

What is DACA?


Change in enforcement procedures


Not a new law


2 year period of deferred action for certain people


Gives work authorization


Not amnesty


Not a permanent program


Not a protection from removal if you otherwise violate the
law


Doesn’t affect other applications

Who is Eligible?


30 years old or younger as of June 15, 2012


At least 15 years old at the time of filing


Entered the U.S. prior to your 16
th

birthday


Continuously present in the U.S. from June 15, 2007 to
present


Entered the U.S. without inspection prior to June 15, 2012
or status expired as of June 15, 2012


Currently in school, graduated from High School, have GED,
or honorably discharged from U.S. Armed Services


No felony, significant misdemeanor, or three or more
misdemeanors


Continuous Presence


Short absences prior to August 15, 2012 are acceptable


Absence was not the result of an order of exclusion,
deportation or removal


Absence was not because of order or grant of voluntary
departure


Purpose of absence and actions during absence, were not
contrary to law

What Forms Do I Need to Fill Out?


I
-
821D

Application for Deferred Action


I
-
765

Application for Employment Authorization


I
-
765 WS

Worksheet for Employment Authorization


G
-
1145 (If you want electronic notification)



All available at
www.uscis.gov



What Are the Filing Fees?


$380 for I
-
765


$85 for biometrics


Total: $465.00

Am I at Greater Risk for Deportation?


No sense to anyone coming after you now, because you can
apply if detained


Policy is not to use as an enforcement tool


But you are providing USCIS your address


No one knows what happens after 2 years

Documents to Demonstrate Identity


Passport


Birth certificate with photo i.d.


National identity documents with photo and/or fingerprints


Any U.S.
-
government document with your name and
photograph (includes expired documents)


Any school
-
issued i.d. with photo

Documents to Show Entry Prior to 16
th

Birthday


Passport with admission stamp


I
-
94 Arrival/Departure record


Any INS document stating your date of entry (example:
Notice to Appear)


Travel records


School records (transcripts, report cards)


Hospital or medical records


Official church records showing participation in a religious
ceremony

Documents to Show in Unlawful Status
as of June 15, 2012


I
-
94 Arrival/Departure records showing expiration date


Final order of exclusion, deportation, or removal


Charging document placing you in removal proceedings




Documents to Show Present in U.S. on
June 15, 2012


Rent receipts, utility bills, other bills for services


Employment records, including letters from employers


School records, like transcripts or report cards


Military records


Hospital or medical records


Official church records proving participating in a religious
ceremony


Money order receipts, passport entries, birth certificates for
children born in U.S., bank records, automobile license
receipts, deeds, mortgages, leases, contracts, insurance
policies, postmarked letters, etc.

Documents Showing In School, HS Graduate, GED,
or Honorable Discharge from Armed Services



School transcripts or report cards


TAKS records


HS diploma


GED certificate


DD
-
214, Certificate of Release or Discharge from Active
Duty


NGB Form 22, National Guard Report of Separation and
Record of Service


Military health records

Documents to Show Continuous
Presence


Rent receipts, utility bills, other bills for services


Employment records, including letters from employers


School records, like transcripts or report cards


Military records


Hospital or medical records


Official church records proving participating in a religious
ceremony


Money order receipts, passport entries, birth certificates for
children born in U.S., bank records, automobile license
receipts, deeds, mortgages, leases, contracts, insurance
policies, postmarked letters, etc.

Documents Regarding Absences



Plane or transportation tickets or itinerary


Passport entries


Hotel receipts


Evidence of purpose of travel (for example, a wedding
invitation)


Copy of advance parole document

How Long Will it Take?


No one knows now


Depends on factors like the number of applications, the
number of staff hired by CIS, complications in your
application, etc.

Do I Need Representation?


Entirely your decision. You aren’t required to have a lawyer.


Beware of “notarios” or notary publics. They are not lawyers.


The more complicated your case, the more you should
consider legal representation


Having a lawyer does not mean your application will be
processed more quickly or with fewer problems.

Questions?

R.S. “Rob” Ghio

Law Office of R.S. Ghio, P.C.

(817)543
-
2557

The Nuts and Bolts of

Deferred Action for Childhood Arrivals

(DACA)