Verification Checklist for Deferred Action Application for DREAMers

Nearly sixteen months after the Obama administration announced Deferred Action for Childhood Arrivals (DACA), approximately half of all eligible immigrants in California have yet to apply.

The program offers temporary legal status to qualifying undocumented immigrants who entered the country at or before age 16, and who have lived in the United States continuously since 2007.

According to the Migration Policy Institute (MPI) there are approximately 300,000 individuals who meet DACA’s age, educational, and other eligibility criteria in California. Just under half of those had applied as of June 2013, according to MPI.

If you have not applied yet, please read these requirements.

  • Who were under the age of 31 as of June 15, 2012
  • Came to the United States before reaching their 16th birthday
  • Have continuously resided in the United States since June 15, 2007, up to the present time
  • Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS
  • Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. Individuals who have been convicted with drug possession or even a single DUI do not qualify for the deferred action program.

Documents Required in order to apply for the deferred action:

PROOF OF IDENTITY AND AGE:

You must prove your identity and age (including that you were under the age of 31 on 06/15/2012). You
should also collect all your identity documents.

  • Birth Certificate (If it is in another language, must be translated and certified to English)
  • Passport (Expired and current) and/or
  • Matricula Consular (expired and current) or
  • Any other official photo ID

PROOF OF ENTRY DATE:

You must prove that you arrived to the United States before the age of 16:

  • I-94, Visa, or Border Crossing Card (if available), or
  • School Records / School ID card, or
  • Vaccination Records, or
  • Medical Records, or
  • Pay Stubs, or
  • Rental Receipts, or
  • Affidavit of witnesses present at the time of your entry (only those in legal status)

PROOF OF 5 YEARS CONTINUOUS RESIDENCE IN US AS TO 6/15/2012:

You must prove you have continuously resided in the United States at least from 06/15/2007 to present:

  • Driver’s license or other government issued ID documents
  • School ID card
  • Certificates / Awards from school
  • Tax returns, W-2s, pay stubs from June 2007 to June 2012
  • Insurance (car / health / home)
  • School Records (cumulative transcripts are helpful)
  • Medical Records (including vaccination records)
  • Church Records (including baptism, communion, or confirmation records)
  • Community Service records (from youth groups i.e. Boys/Girls Scouts, or service organizations
i.e. Boys and Girls Club)
  • Sports Records i.e. Little League
  • Bank account and/or credit card statements from June 2007 to June 2012
  • House title or lease/rental agreement
  • Utility bills (cable, gas, water, electricity, phone, etc.)
  • Memberships (gym, blockbuster, Sam’s club, etc.)
  • Birth certificates of children born in the US
  • Names of witnesses who can provide affidavits to support your case

PROOF OF PRESENCE IN THE US ON 6/15/2012:

  • Any receipts for purchases or ATM receipts made on June 15, 2012
  • Paystub or official time card showing June 15, 2012
  • Letter from employer(s) attesting to presence on June 15, 2012
  • Letter from landlord(s) attesting to presence on June 15, 2012
  • Date-stamped photos taken within the U.S. in an identifiable place
  • Letter from pastor/priest
  • Letter from coach

PROOF OF EDUCATION OR MILITARY STATUS:

You must prove you are in school or have graduated from high school, have a GED, or have been honorably
discharged from the military.

  • Proof of school enrollment (i.e. current transcript, proof of school registration) or,
  • High school diploma
  • GED certificate
  • Military discharge documents

It is very important to contact us if any of these, apply to your situation:

-You have lawful entry documents (visa, I-94 card, border crossing card)
-You have been arrested or convicted for any reason
-Immigration applications filed with DHS (i.e. Family petition I-130)
-Removal proceedings documents from DHS and the Immigration Court
-Results of an FBI background check showing any stops at the border
-Voluntary Departure order
-Deportation order
-Other immigration documents

If you have left the United States since 06/14/2007:

  • Travel documents
  • Documents justifying or explaining your absence

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Wherever you are, you can trust the attorneys at MJ Law to help you with your US immigration needs. Contact us today by calling 408-293-2026.

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