Presentation on theme: "R.S. “Rob” Ghio Law Office of R.S. Ghio, P.C. (817)543-2557 The Nuts and Bolts of Deferred Action for Childhood Arrivals (DACA)"— Presentation transcript:
R.S. “Rob” Ghio Law Office of R.S. Ghio, P.C. (817)543-2557 The Nuts and Bolts of Deferred Action for Childhood Arrivals (DACA)
What is DACA? Change in enforcement procedures Not a new law 2 year period of deferred action for certain people Gives work authorization Not amnesty Not a permanent program Not a protection from removal if you otherwise violate the law Doesn’t affect other applications
Who is Eligible? 30 years old or younger as of June 15, 2012 At least 15 years old at the time of filing Entered the U.S. prior to your 16 th birthday Continuously present in the U.S. from June 15, 2007 to present Entered the U.S. without inspection prior to June 15, 2012 or status expired as of June 15, 2012 Currently in school, graduated from High School, have GED, or honorably discharged from U.S. Armed Services No felony, significant misdemeanor, or three or more misdemeanors
Continuous Presence Short absences prior to August 15, 2012 are acceptable Absence was not the result of an order of exclusion, deportation or removal Absence was not because of order or grant of voluntary departure Purpose of absence and actions during absence, were not contrary to law
What Forms Do I Need to Fill Out? I-821D—Application for Deferred Action I-765—Application for Employment Authorization I-765 WS—Worksheet for Employment Authorization G-1145 (If you want electronic notification) All available at www.uscis.govwww.uscis.gov
What Are the Filing Fees? $380 for I-765 $85 for biometrics Total: $465.00
Am I at Greater Risk for Deportation? No sense to anyone coming after you now, because you can apply if detained Policy is not to use as an enforcement tool But you are providing USCIS your address No one knows what happens after 2 years
Documents to Demonstrate Identity Passport Birth certificate with photo i.d. National identity documents with photo and/or fingerprints Any U.S.-government document with your name and photograph (includes expired documents) Any school-issued i.d. with photo
Documents to Show Entry Prior to 16 th Birthday Passport with admission stamp I-94 Arrival/Departure record Any INS document stating your date of entry (example: Notice to Appear) Travel records School records (transcripts, report cards) Hospital or medical records Official church records showing participation in a religious ceremony
Documents to Show in Unlawful Status as of June 15, 2012 I-94 Arrival/Departure records showing expiration date Final order of exclusion, deportation, or removal Charging document placing you in removal proceedings
Documents to Show Present in U.S. on June 15, 2012 Rent receipts, utility bills, other bills for services Employment records, including letters from employers School records, like transcripts or report cards Military records Hospital or medical records Official church records proving participating in a religious ceremony Money order receipts, passport entries, birth certificates for children born in U.S., bank records, automobile license receipts, deeds, mortgages, leases, contracts, insurance policies, postmarked letters, etc.
Documents Showing In School, HS Graduate, GED, or Honorable Discharge from Armed Services School transcripts or report cards TAKS records HS diploma GED certificate DD-214, Certificate of Release or Discharge from Active Duty NGB Form 22, National Guard Report of Separation and Record of Service Military health records
Documents to Show Continuous Presence Rent receipts, utility bills, other bills for services Employment records, including letters from employers School records, like transcripts or report cards Military records Hospital or medical records Official church records proving participating in a religious ceremony Money order receipts, passport entries, birth certificates for children born in U.S., bank records, automobile license receipts, deeds, mortgages, leases, contracts, insurance policies, postmarked letters, etc.
Documents Regarding Absences Plane or transportation tickets or itinerary Passport entries Hotel receipts Evidence of purpose of travel (for example, a wedding invitation) Copy of advance parole document
How Long Will it Take? No one knows now Depends on factors like the number of applications, the number of staff hired by CIS, complications in your application, etc.
Do I Need Representation? Entirely your decision. You aren’t required to have a lawyer. Beware of “notarios” or notary publics. They are not lawyers. The more complicated your case, the more you should consider legal representation Having a lawyer does not mean your application will be processed more quickly or with fewer problems.