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DEFERRED ACTION FOR CHILDHOOD ARRIVALS (WITH A QUICK OVERVIEW OF THE DREAM ACT)
What is the DREAM Act?
Bipartisan legislation introduced several times in Congress Allows certain young people to apply for temporary legal status and eventually obtain permanent legal status if they go to college or serve in the U.S. military AND Would eliminate a federal provision that penalizes states that provide in-state tuition without regard to immigration status.
Latest version of the DREAM
The latest version of the DREAM Act (known as the Development, Relief, and Education for Alien Minors Act) was introduced on May 11, 2011, in the Senate (S. 952) by Sen. Dick Durbin (D-IL) and 32 fellow senators Introduced in the House of Representatives (H.R. 1842) by Reps. Howard Berman (D-CA), Ileana RosLehtinen (R-FL), and Lucille Roybal-Allard.
DREAM Act eligibility
Had to have entered U.S. before age 16 Be under the age of 35 (Senate)/32 (House) Have lived in the U.S. for at least five years before enactment Graduated from high school or passed an equivalency exam (GED) Have "good moral character" Either attend college or enlist in the military for two years.
What happens under DREAM?
Conditional permanent resident status granted for a limited duration—six years under normal circumstances— instead of indefinitely. Not able to travel abroad for lengthy period Not eligible for Pell Grants or certain other federal financial aid grants. Eligible for federal work study and student loans, and states would not be restricted from providing their own financial aid to these students.
DREAM converts to green card
At the end of conditional period, permanent resident status would be granted if, during the conditional period, the immigrant had maintained good moral character, avoided lengthy trips abroad, and met at least one of the following criteria: Graduated from a two-year college or certain vocational colleges, or studied for at least two years toward a B.A. or higher degree, or Served in the U.S. armed forces for at least two years.
What is DACA? Cont’d
Deferred Action is NOT the DREAM Act. No
lawful status is granted and no path to citizenship exists. Not lawful status, but it is “lawful presence”
Work permits are granted for the duration of deferred action if “an economic necessity for employment” exists.
What is DACA?
June 15, 2012 policy announcement by Secretary of Homeland Security Certain young people can request “deferred action” on a case-by-case basis Upon approval, can live and work in U.S. without fear of removal (deportation)
Unless new ground of removability occurs
Renewable every two (2) years. Individuals who qualify for DACA are considered “low priority” for removal.
Who is eligible for DACA?
Individual who: 1.
was under the age of 31 as of June 15, 2012; 2. came to the United States before reaching his or her 16th birthday; 3. has continuously resided in the U.S. from June 15, 2007 to present; 4. was physically present in the U.S. on June 15, 2012, and at the time of making his/her request for deferred action.
Who is Eligible? Cont’d
5. entered without inspection before June 15, 2012, or whose lawful immigration status expired as of June 15, 2012; 6. is currently in school, has graduated or obtained a certificate of completion for high school, has obtained a GED (by the date of application), or was a honorably discharged veteran of the Coast Guard or Armed Forces; and
Who is DACA eligible?
7. has not been convicted of a felony, a “significant misdemeanor,” or three or more misdemeanors, and does not represent a public safety or national security threat.
What is a Felony?
A felony is a federal, state, or local offense that is punishable by a term of imprisonment exceeding one (1) year. For example: Aggravated Assault, Robbery, or Murder.
What is a “Significant” Misdemeanor?
A criminal offense as defined by federal law and meets the following criteria: Regardless domestic
of the sentence imposed, is an offense of:
violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or DUI (driving under influence of alcohol or drugs);
What is a “Significant Misdemeanor”?
is an offense for which the individual was sentenced to time in custody of more than 90 days (i.e., 91 days or more). The sentence must involve time to be served in custody, and therefore does not include suspended sentences.
What is a “Non-significant Misdemeanor?
Misdemeanor is defined by federal law (less than 1 year in prison but more than 5 days) and is not an offense previously listed (that is, not domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or DUI;) AND
Is one for which the individual was sentenced to time in custody of 90 days or less.
Take Away – Significant v. NonSignificant Misdemeanor
Domestic Violence and DUI will always make a person ineligible for Deferred Action. Minor traffic offenses will not disqualify (but you must list any traffic offense involving alcohol or drugs). The absence or presence of criminal history is not necessarily determinative but will always be considered.
Expunged or Juvenile Convictions
Must be disclosed to USCIS.
Not an automatic disqualification.
Reviewed on a case by case basis.
If you were a juvenile but tried and convicted as an adult, you will be treated as an adult for purpose of the deferred action process.
USCIS started accepting apps on August 15, 2012. There is no deadline for filing. All applicants will apply to USCIS EXCEPT:
Person who are currently in detention. If in detention, your application will be addressed to ICE.
Must be 15 years or older to apply UNLESS
You are currently in removal proceedings. If you are in removal proceedings, you may apply even if you are under 15 years of age.
The forms to be used are: G-1145, I-821D, I-765, y I765WS Cost is $465. You will be required to go to an appointment at the USCIS office to have your fingerprints and digital photo taken (You need not submit a fingerprint card.) No Waiver, but Fee Exemptions are provided in very limited circumstances
Begin Gathering Documentation
Visit our website www.nodreamdeferred.org for the deferred action TOOLKIT Copy of Passport or any Prior Visa Birth Certificate – Marriage/Divorce Certificate Any Court Records Any School Records
Diploma, GED, Transcript, School ID, etc.
Proof of Physical Presence from June 15, 2007 to present Medical Records
Encounters with CBP and ICE
CBP and ICE should not initiate removal proceedings against individuals eligible for deferred action. Explain to ICE that you qualify for deferred action. Keep your documentation in a safe area that can be easily located by others
Travel Guidelines Travel Dates
Type of Travel
Does it Affect Continuous Residence?
Before August 15, 2012
- Brief - Innocent - Casual
Before August 15, 2012
- For an extended period of time - Due to an order of exclusion, deportation, or removal - To participate in criminal activity
What if Obama is not reelected? Will I be referred to ICE if my application is denied? Do my parents, siblings, or significant others benefit from my deferred action? Can I get a driver’s license?
Please Visit Our Website
Updated Information will be linked to the site
Lists of documentation necessary for Deferred Action will be provided
DO NOT GO TO A NOTARIO! FREE LEGAL HELP THERE IS NO NEED TO GO TO NOTARIO!
No Dream Deferred Coalition will have Workshops to aid Dreamers in filling out their forms when USCIS gives more guidance. This help will be for FREE and will utilize the expertise of AILA attorneys. BEWARE of notarios or others who would take advantage of your situation.
Organizing Your Application USCIS Applications:
Form G-1145 (e-notification) Form I-821 (DACA application) Did
you sign it on page 4?
Form I-765 (work permit application) Is
Form I-765 WS
Organizing Your Application $$$$$$$$$
Check or Money Order Signed? Made
payable to “Department of Homeland Security? Your Name and Date of Birth on check?
Two passport-type photos Your
name and Date of Birth on back? (or A#, if you have one)
Organizing Your Documents #1
Proof of Identity and Age Passport
OR Birth Certificate (with translation), accompanied by photo ID OR National ID from home country with photo and/or fingerprint (cedula, for example)
Organizing Your Documents #2 Arrival before the age of 16
Evidence of Entry Before Age 16 Probably
will use school records, transcript
Organizing Your Records #3 Continuous Residence
Evidence of Continuous Residence since June 15, 2007 June 15, 2007…. 2008 2009 2010 2011 2012 up to time you apply
Organizing Your Documents # 4 Were you in the U.S. on June 15, 2012?
Evidence of Physical Presence in United States on June 15, 2012: Doesn’t
have to be “on” June 15; can be shortly before and shortly afterwards Can’t use Affidavit for this requirement Facebook?
Organizing Your Documents #5
Proof of Education:
School Diploma or GED Certificate or Proof of Current Enrollment in School
Organizing Your Documents #6 Must be out of status on June 15, 2012
Proof of Unlawful Status on June 15, 2012 (if
you entered without a visa, you do not have to do anything and can ignore this) If you had a visa or a Border Crossing Card, you must show that your status expired as of June 15, 2012 How?
With expired I-94
Organizing Your Documents You’ll also need to provide these documents if any of these items apply to you:
Criminal Records, if any Immigration/Removal proceedings records, if any Absences since 6/15/2007 Must
demonstrate that exit was brief, casual and innocent
And the final steps…….
Make a copy of the applications and supporting documents for your records Send original copy to USCIS by certified mail at the following address: USCIS PO Box 20700 Phoenix, AZ 85036-0700
What happens after filing? “I’m excited and nervous at the same time!”
Receipt Notices for I-821D and I-765 Biometrics/Fingerprinting appointment at USCIS office (16th Street, south of Buckeye) Probably no interview Waiting time? Appears to be moving swiftly!
THANK YOU FOR LETTING US HELP KEEP YOUR DREAM ALIVE!