Deferred Action for Childhood Arrivals, DACA
Update: August 07, 2012
On June 25 2012, President Barack Obama addressed the Nation outlining what is going to establish a temporary solution for young undocumented aliens who can get a two year work permit and remain in the US.
This is NOT the DREAM Act. Deferred Action for Childhood Arrivals, DACA is a deferral of removal for certain individuals who meet the following criteria:
Who Can Qualify for the Child Arrival Deferred Action Program?
- 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
Myths about the Deferred Action program:
- Myth 1: “It gives citizenship to illegals“
The truth is: The Deferred Action program does not aim to provide or grant citizenship to children of undocumented aliens. It provides them with a path to adjust their status based on their studies and hard work. It gives them a conditional legal status for 2 years. At the end of the two year period, if they graduated from college, served in the military for at least 2 years and have good moral character, they will be able to renew their temporary work permit.
- Myth 2: “They will sponsor their parents and all the other illegal relatives in chain immigration“
The truth is: The beneficiaries can not petition their parents or brothers nor are granted lawful immigrant status. Only US Citizens can and only in the cases when their parents entered legally to the US or can qualify for the 245(i) waiver.
- Myth 3: “But they are here illegally. The Law is the Law“
The truth is: That’s what this legislation was all about. Amending the law to provide the children of undocumented aliens with a chance to adjust their legal status. This legislation is not a gift or a present. It requires that these young adults or kids to work hard, study and graduate or serve in the Military. All these kids were brought here very young, they grew up here and know nothing but America.
It is very shocking for them to discover, once they’re old enough, to learn about their past and their legal status. While their friends and classmates get their driver licenses and go to college, these kids discover that their dreams for a better future are truncated. These perfectly fine, good students can help make the difference in the future for this country: we need mathematicians, scientists, engineers, physicists and these kids end up with low paying jobs and no future.
“Helping you to obtain the right visa, when you need it”
When you contact our firm for an initial consultation, we will take the time to educate and explain the immigration laws, regulations and the visa application procedures of the USCIS (U.S. Citizenship and Immigration Services, formerly known as the INS or Immigration and Naturalization Service). As a client, you will work directly with an experienced attorney who will be able to answer any questions you have and keep you informed and aware of new developments as your case moves forward.
For all of your legal immigration needs, contact the immigration lawyers of Muston & Jack, P.C., at our San Jose or Los Angeles California law offices to schedule an initial consultation.