Deferred Action for Childhood Arrivals
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 years through 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.
requirements
requirements
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.
Documents that
Documents that
may be used to
may be used to
prove eligibility
prove eligibility
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
Forms
•
The DACA application and accompanying instructions are
available at:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e
66f614176543f6d1a/?vgnextoid=05faf6c546129310VgnVCM100000
082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM1000
0045f3d6a1RCRD
•
The application for employment authorization and worksheet,
along with accompanying instructions, are available at:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e
66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000
048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM1000
0045f3d6a1RCRD
Screening an
applicant
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.
If not, how did they enter? Get as many details as possible.
Important questions
•
Do they have a criminal record?
Do they have a criminal record?
•
Have they been arrested?
Have they been arrested?
•
Did it involve drugs and/or alcohol?
Did it involve drugs and/or alcohol?
•
Did ICE get involved?
Did ICE get involved?
Get as much information as possible.
Get as much information as possible.
•
Are they eligible for a more permanent alternative?
Are they eligible for a more permanent alternative?
•
Have they been victim of a crime in the United States?
Have they been victim of a crime in the United States?
•
Have they filed for any immigration relief in the past?
Have they filed for any immigration relief in the past?
•
Do they fear any immediate danger should they be
Do they fear any immediate danger should they be
removed from the country?
removed from the country?
1-821d
consideration of
deferred action for
childhood arrivals
Form I
Form I
Form Ii
Form Ii
i-765
i-765
application for
application for
employment
employment
authorization
authorization
Form Iii
Form Iii
i-765ws
i-765ws
application for
application for
employment
employment
authorization
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
The fight for the DREAM Act
and Comprehensive Immigration
and Comprehensive Immigration
Reform is not over!
Reform is not over!
Deferred Action for Childhood Arrivals (DACA) is a policy aiming to halt the deportation of specific individuals on a case-by-case basis. It offers temporary protection, work authorization, and other benefits to eligible youth who meet stringent criteria.
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Presentation Transcript
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 years through 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.
Documents that may be used to prove eligibility
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.5af9bb95919f35e 66f614176543f6d1a/?vgnextoid=05faf6c546129310VgnVCM100000 082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM1000 0045f3d6a1RCRD The application for employment authorization and worksheet, along with accompanying instructions, are available at: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e 66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000 048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM1000 0045f3d6a1RCRD
Screening an applicant
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?
Form I 1-821d consideration of deferred action for childhood arrivals
Form Ii i-765 application for employment authorization
Form Iii i-765ws application 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!
