What we want to do at this training: Give a brief overview of deferred action and the eligibility criteria to apply Go over the structure for the pre-registration workshop on August 25, 2012 Go over what you will be doing at each station Split up into the different stations and give you a more substantive training on what evidence is needed to prove each requirement and how applicants can get it if they don’t have it and how you will be helping with that! * * PLEASE ASK QUESTIONS **
What we DO NOT want to do: Fool you into thinking that this training will cover everything that should be considered in determining whether or not someone should apply for deferred action. -Issues relating to deferred action are changing by the minute and when in doubt we want you to: REFER QUESTIONS TO AN ATTORNEY Beware of the unlawful practice of law – giving legal advice without being an attorney (including completing applications!) - Criminal offense!
What is Deferred Action? A policy memo issued on June 15, 2012 by Department of Homeland Security Secretary Janet Napolitano giving individuals that meet certain eligibility criteria the OPPORTUNITY to REQUEST permission to stay in the U.S. for a renewable two year period and apply to receive work authorization during that time. Part of the Department of Homeland Security’s goal to focus it’s enforcement resources
Deferred Action is: A request to United States Citizenship & Immigration Services (USCIS) Discretionary decision that can NOT be appealed The possibility to obtain valid work authorization for 2 year period (and apply for social security # and a drivers license) if can show economic necessity Renewable after 2 years (provided the program still in place)
Deferred Action is NOT: Is not… the Dream Act Is not… a law, but a new policy of the Department of Homeland Security Is not… permanent lawful status in the U.S. Is not… GUARANTEED! Also not… a way for family members to get lawful status unless they too meet requirements for deferred action and make request
BIG Risks: If someone who is not eligible for deferred action applies… DHS may decide to place the person in deportation proceedings. If someone tries to commit fraud in the process they will also be prosecuted to the fullest extent of the law. Even if someone is granted deferred action, future U.S. administrations may revoke it and use information submitted in DA request in removal proceedings.
Who is eligible to request Deferred Action? Those who: 1)Are currently 15 years old or older, but not older than 31 on June 15, 2012 (* there is an exception *) 1)Are currently in school, have graduated high school, have a GED, or are honorably discharged from the Armed Forces; 1)Arrived in the U.S. under the age of 16; 1)Have continuously resided in U.S. since June 15, 2007 and up to the present time; 1)In the U.S. without lawful status on June 15, 2012 and still here 1)Have not been convicted of certain criminal offenses or pose a threat to public safety or national security.
Purpose of Pre-Registration Workshop To help individuals identify whether or not they are eligible for deferred action To help individuals understand what evidence is required for the deferred action and the employment authorization request To give individuals information about how to gather and/or request evidence they are missing To determine who is ready and able to apply for deferred action at the upcoming deferred action drive on September 22, 2012 -Individuals without complicated criminal histories! -And with all their evidence in order!
Purpose of Pre-Registration Workshop This training and the pre-registration workshop is not: -To complete the deferred action application form or request -To review the application with an attorney Rather… - To get individuals READY to do that at the registration drive on September 22, 2012!
Structure for Pre-Registration Workshop Potential applicants will listen to short presentation on eligibility for deferred action Then they will go through 6 stations: 1.Intake 2.Review of Education & Age evidence 3.Review of Physical Presence evidence 4.Review of Criminal History 5.Final Evaluation (* only lawyers at this station *) 6.Registration for drive on September 22, 2012
Deferred Action Intake Document that potential applicant will take with them through each station (& bring to the deferred action drive if they are eligible to register to come back) Importance of answering questions on intake truthfully Complete ALL the sections, highlight areas can’t answer Attorneys at the last station will be doing the preliminary evaluation and registering eligible applicants for the drive
Other Resources & Handouts for Pre-Registration Drive How to get a consular ID or passport? How do a FOIA and get your immigration history? How to register to get a GED? How to get your high school transcripts? How to obtain medical records? How to get your criminal history? How to get certified records of conviction from different counties? Colorado American Immigration Lawyers Association – list of attorneys
More information? Department of Homeland Security website: http://www.dhs.gov/deferred-action-process http://www.dhs.gov/deferred-action-process 720-432-4721 (Colorado Immigrant Rights Coalition) 303-433-2812 x 108 (Rocky Mountain Immigrant Advocacy Network)
Thanks AGAIN Thank you once again for being here and volunteering to help with this effort! Very excited to be a part of this and partner with you! Do not want people who are not eligible to end up deported! Or people that with best intentions to help go to jail!