Wednesday, August 15, 2012

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.


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