Deferred Action for Childhood Arrivals Penn for Immigrant Rights
What is it? • Deferred Action is a policy designed to stop the deportation of certain individuals on a case by case basis. DREAM Act eligible youth who meet certain requirements must prove so through verifiable documentation, and they must pay a $465 fee.
DACA Benefits • Temporary protection from deportation • Temporary social security number (which is only valid with a valid work permit) • Permission to work in the United States Both must be renewed every two yearsthrough the same process. • Eligible youth who are in deportation proceedings can also apply provided that they meet the requirements. If they qualify, DHS will close their deportation proceedings and allow them to apply for work authorization.
Remember! DACA is a memo. It is neither the DREAM Act nor an executive order. There is still no pathway to citizenship.
Age • Must be under the age of 31 as of June 15, 2012. • Must have arrived in the United States before the age of 16. • If not in removal proceedings, must be at least 15 years old in order to apply.
Continuous presence • Must have lived in the United States continuously for five consecutive years as of the date of the memo, June 15 2012. • Must have been present in the United States on June 15, 2012.
Good moral character • Must not have been convicted of a felony offense, a significant misdemeanor offense, or three or more misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct. • Must not otherwise pose a threat to national security or public safety
Education • Must currently be in school, or have graduated from high school, or have obtained a GED certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
Identity • Valid passport • Birth certificate with certified translation • Any national identity document from your country of origin bearing your photo or fingerprint • School ID • U.S. government ID, whether valid or expired (driver’s license or state ID, work permit, expired visa, etc.)
Continuous Presence • Travel records showing your entry into the country (plane ticket or travel itinerary) • School records (transcript, report cards, enrollment records, certificates of achievement) • Medical records, including prescriptions and records of any hospitalization • Church records (baptism, communion, membership record, etc.) • Marriage certificate • Birth certificates of any children • Social Security card • Paystubs from work
Continuous presence • Records of any financial transaction • Bills in your name • Insurance documents showing you as a policy-holder or beneficiary (auto, home, life, or health insurance) • For each year you paid taxes, signed tax returns with Forms W-2 or 1099 OR call IRS at 800-908-9946 to request free tax transcripts • Leases and rent receipts • Listed as a dependent on parents' tax returns or beneficiary on parents’ insurance policies • Photos at identifiable locations • Correspondence between you and another person indicating the date and your location (letters, emails, chat records, etc.)
education • High school diploma • GED certificate • Documents showing current enrollment in K-12 school, periods of attendance, current school name and grade level • Other records of enrollment in educational programs
important • Only copies should be submitted. • Applicants must keep an exact copy of the package mailed to USCIS for their own records.
Forms • The DACA application and accompanying instructions are available at: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=05faf6c546129310VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD • The application for employment authorization and worksheet, along with accompanying instructions, are available at: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
Basic information • Names, other names they have used, including maiden name • Complete address history since they first arrived in the U.S., including dates of residence at each address • Social Security Number, if they have one • Name, city, and state of current school or last school attended • City or town of birth • Income: • Current annual income • Current annual expenses (estimated) • Current value of assets
IF they entered with a visa • Date and place of entry • Status in which you entered (visitor, student, etc.) • Form I-94 number • Date of expiration of lawful status, stamped on I-94 If not, how did they enter? Get as many details as possible.
Important questions • Do they have a criminal record? • Have they been arrested? • Did it involve drugs and/or alcohol? • Did ICE get involved? Get as much information as possible. • Are they eligible for a more permanent alternative? • Have they been victim of a crime in the United States? • Have they filed for any immigration relief in the past? • Do they fear any immediate danger should they be removed from the country?
1-821dconsideration of deferred action for childhood arrivals Form I
Form Ii i-765application for employment authorization
Form Iii i-765wsapplication for employment authorization
The applicant should read over all the forms once completed. The applicant must sign all three forms
Additional information • Fees will total $465. • Fee waivers are available for extreme cases. • The completed forms and necessary documents should be mailed to the following address using certified mail: USCIS P.O. Box 5757 Chicago, IL 60680-5757 • The process will take from 2 to 6 months after the date of submission. • The process includes biometric and biographical background checks.
Thank you & remember: The fight for the DREAM Act and Comprehensive Immigration Reform is not over!