Latest from USCIS on DACA - A Gonzalez Law Offices Blog Article

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Latest from USCIS on DACA

Beginning August 15, 2012 individuals may submit a request for Deferred Action for Childhood Arrivals (DACA) .

DACA Request Forms are:
•         The request must include a Form I-821D, Consideration of Deferred Action for Childhood Arrival
•         The form and instructions are now available on the USCIS website at:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=05faf6c546129310VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

•         The request must also include a Form I-765 and a Form I-765-WS to demonstrate economic necessity for an employment authorization document (EAD)
•         The total fee will be $465 and will include the biometrics fee and issuance of a secure EAD
•         See the website and form instructions for details and mailing instructions to the correct USCIS lockbox facility

DACA Process:
•         After the forms are received USCIS will review for completeness including whether the required fee is included (fee exemptions will only be available in limited cases, see USCIS FAQ at www.uscis.gov/childhoodarrivals)
•         Once the request is accepted as complete, USCIS will send a receipt notice
•         USCIS will send an appointment notice for an Application Support Center (ASC) appointment for biometric services
•         People will be given sufficient notice of their ASC appointment date so that it can be rescheduled if needed
•         Failure to attend the ASC appointment may delay processing of request or result in a denial of the request
•         Each request for DACA will be reviewed on individual, case by case basis following background and fraud checks
•         If insufficient evidence submitted, USCIS will request more info or schedule an interview at a CIS office
•         Decisions will be in writing
•         If the request is granted will receive EAD separately
•         While individual processing times will vary, typically will take several months
•         People can check status online at www.uscis.gov

Summary of Education Guidelines:
•         See more details on the updated FAQ at www.uscis.gov/childhoodarrivals
•         “in school” = must be enrolled in public or private elementary, junior, middle, secondary or high school or education, literary or career training program including vocational training designed to lead to post-secondary education, job training or employment and working toward such placement or in obtaining HS diploma or equivalent under state law or GED or other equivalent exam
•         Such training includes but is not limited to programs funded by federal or state grants; others may qualify if administered by those with demonstrated effectives including community colleges and certain CBOs
•         In assessing whether qualifies if not funded by state or fed grants, USCIS will consider duration of program existence, track record in helping students in passing GED or state exam or in placing students in secondary education, job placing or employment
•         People seeking to show currently in school - burden on requestor must show program’s demonstrated effectiveness
•         If currently in school and later apply for renewal of DACA, must show substantial, measurable progress in school or have passed exam
•         Circumstantial evidence not accepted to show educational attainment, must show direct documentary evidence
•         Additional details on the updated FAQ at www.uscis.gov/childhoodarrivals

Disclosures:
•         If a case is referred to ICE for enforcement or a requestor receives a NTA from USCIS; USCIS will not share with ICE information related to family members or guardians contained in the request for enforcement against those people but can be shared with national security and law enforcement for purposes other than removal, including for consideration of DACA to prevent fraudulent claims, for national security or for prosecution of a criminal offense

Posted: 08.21.12

Written by: Roberto Gonzalez