More on DACA - -Documentation and Crimes

USCIS begins accepting applications today for Deferred Action for Childhood Arrivals (DACA).  The process seems relatively straightforward, with a couple of significant caveats.  Documenting the application is central to its success and obtaining original evidence (as opposed to secondary evidence) is paramount.

Also, if an applicant has a criminal history of any kind, they need to see a competent lawyer.  I fear that many applicants with what they believe are minor criminal histories will file, will be denied, may be detained, and and then will be placed in removal proceedings.  USCIS has created a new category of crime -- "significant misdemeanors" -- for this process. 

I have seen youtube videos and websites telling applicants that they do not need a lawyer.  I think that they are wrong.  At a minimum, every potential applicant needs to consider whether or not participation in this program helps their long term goals.  Any potential applicant with a criminal history needs a more serious evaluation as to whether filing for DACA will actually cause more problems for him or her.

I am sure there will be more to write about as the process unfolds.  I hope to write more in depth on the criminal aspect in the future.

Application period for Deferred Action for Childhood Arrivals begins August 15, 2012

USCIS has released forms and a memorandum for DACA -- Deferred Action for Childhood Arrivals.  Information from USCIS can be found here.

If you are interested in filing for deferred action, we strongly advise that you seek the advice of an attorney or a reputable legal clinic.  It is important to weigh the benefits of filing against the possible consequences.  That can only be done with the help of a competent attorney.  If you need help finding an attorney in your area, the American Immigration Lawyers Association has a referral service. 

I will post more as we digest the information has been released and as new material arrives.

New Deferred Action Information

On August 3, 2012, USCIS issued revised FAQs on deferred action.  USCIS will release full details on the application procedure, including a deferred action form, on August 15, 2012. According to the new FAQs, an individual who meets the following criteria may apply for deferred action:

• Was under the age of 31 as of June 15, 2012;
• Came to the U.S. before reaching his/her 16th birthday;
• Has continuously resided in the U.S. since June 15, 2007, up to the present time;
• Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
• Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
• Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
• Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety.  

 Stay tuned.  We will have more information next week.

Still Waiting for Deffered Action Instructions for "DREAM Deferral"

DHS has not yet released instructions or forms for the proposed deferred action for individuals who came to the U.S. before they were 16, attended school here and were 30 or under on June 15, 2012 (along with other proposed requirements).  We are expecting instructions in mid-August.  If you are a potential candidate for "DREAM Deferral,"  I would advise the following:  do not go to a notario or a private "multi-service center" for assistance.   I believe that local non-profit organizations will organize clinics to help potential candidates with their applications or will help them find attorneys.  If you decide to speak with an attorney, which is highly advisable, you should look for a lawyer who is a member of AILA (American Immigration Lawyers Association).  I would advise against hiring an attorney who simply wishes to take your money to file your application without having a conversation with you about whether or not deferred action will actually be helpful to you.  Everyone's case is different and should be evaluated on an individual basis.  Good luck.