Published on October 13, 2014
1. DEFERRED ACTION FOR CHILDHOOD ARRIVALS Lee and Garasia, LLC 190 New Jersey 27, Edison, NJ 08820 (732) 516-1717
2. Lee and Garasia, LLC TOPICS FOR DISCUSSION • What is Deferred Action? • What re the requirements to qualify? • How do I renew Deferred Action? • What should I know before I renew? • When should I talk to a lawyer?
3. Lee and Garasia, LLC What is DACA? • Enacted June 15th, 2012 • Deferred Action for Childhood Arrivals (DACA) is the use of prosecutorial discretion by Homeland Security to defer the removal of certain people who entered the United States as children and who would otherwise be removable
4. Lee and Garasia, LLC DACA Eligibility Requirements 1. Age requirements 2. Timeframe requirements 3. Education and military requirements 4. Criminal requirements
5. Age Requirements • Aliens not in removal proceedings or with terminated removal proceedings: • At least 15 and under 31 years old at the time of the request • Aliens in removal proceedings, with a final removal order, or a voluntary departure order: • Under the age of 31 years old with no minimum age limit. Lee and Garasia, LLC
6. Lee and Garasia, LLC Timeframe Requirements • As of June 15th, 2012, the alien must: • Be under 31 years of age • Be physically present in the United States • Be without lawful status since June 15th, 2012 • When the request is filed: • The alien must have arrived in the United States before his or her 16th birthday • The alien must be physically present in the United States
7. Lee and Garasia, LLC Education and Military Requirements • Either earned a: • High school diplomacy • Secondary school diploma • General education development certificate (GED) • Or is: • Currently enrolled in school • Honorable discharged from the armed forces
8. Lee and Garasia, LLC Criminal Requirements • The alien cannot have been: • Convicted of any felonies, • Convicted of any series misdemeanors, • Convicted of three or more misdemeanors (not occurring on the same date and not based from the same deed) • The alien cannot pose a threat to either national security or public safety
9. Filing Process 1. Collect evidence 2. Complete forms 3. Fee Exceptions Lee and Garasia, LLC
10. Lee and Garasia, LLC Collecting Evidence • The alien will need to show: 1. Proof of his or her identity 2. Proof of arrival before his or her 16th birthday 3. Proof of immigration status 4. Proof of education/military service 5. Proof of residence
11. Lee and Garasia, LLC Completing Forms • The alien must complete the following forms: • Form I-821D (Consideration of Deferred Action for Childhood Arrivals) • Form I-765 (Application for Employment Authorization) • Form I-765WS (Worksheet) • The fees for filing the forms and the biometrics is $465
12. Lee and Garasia, LLC Fee Exceptions • To qualify for a fee exception, the alien must: 1. Be under the age of 18, and 2. Have an income under 150% of the poverty level • The alien also must: • Lack parental or familial support, or; • Be homeless, or; • Suffer from a chronic disability that causes the alien to be unable to care for him or herself, or; • Because of medical expenses for the alien or an immediate family member, have at least $10,000 in debt
13. Lee and Garasia, LLC What Immigration Status Is Given? • No lawful status is given. DACA merely defers removal action for eligible aliens. • However, DACA halts the accrual of unlawful presence for admissibility purposes. • While deferred, an alien is considered to have lawful presence only for admissibility purposes and is not precluded from establishing a domicile in the United States
14. Lee and Garasia, LLC Does DACA Provide Work Authorization? • Yes, DACA provides an Employment Authorization Card • The alien must show an economic necessity for employment • The alien can apply for a Social Security number after receiving work authorization
15. Lee and Garasia, LLC Can DACA Be Renewed? • DACA applications can be renewed. • All renewals are done on a case-by-case basis • DACA applications can be renewed for up to two years • When renewed, the alien can be provided with employment authorization if he or she shows economic necessity
16. Lee and Garasia, LLC Renewal Considerations • You Can’t File Too Early But You Can’t File Too Late! USCIS recommends filing 120 days (4 months) before the current DACA expires. If the Request is submitted earlier than 150 days before the current period expires, the application may be rejected. • New documents do not have to be submitted unless they pertain to travel or criminal issues. • Filing fee remains the same. • Processing times may be long considering that USCIS will be processing renewals as well as people who are filing for the first time
17. Lee and Garasia, LLC Consequences of filing too late • If you file too late, your DACA status will lapse. • If you file for a renewal but the DACA status expires before you receive your renewal grant, you may • Start accruing unlawful presence again • Lose your ability to work with authorization until you receive an approval of the renewal application and new employment authorization work permit.
18. Lee and Garasia, LLC Reasons Why You Might Need A Lawyer • If since your initial grant of DACA, you have ever • TRAVELED • BEEN ARRESTED, CONVICTED, OR CHARGED WITH A CRIMINAL OFFENSE it would be in your best interest to consult with an immigration lawyer. Filing for a renewal of DACA under these circumstances may in fact expose you to adverse consequences including referral to Immigration Court for removal proceedings.
19. Legal Issues That Need To Be Examined By An Immigration Attorney • Just because you have DACA does not mean that you have permanent residence or that you are on a path to citizenship. • Legal issues that need to be explored by an attorney with regard to your immigration status include but are not limited to: • False claims to US Citizenship • Inadmissibility • Deportability • Adjustment of Status • Travel and Advance Parole • MAVNI Lee and Garasia, LLC
20. Lee and Garasia, LLC For More Information on DACA Please contact our office for more information on DACA and where to go from there. Lee and Garasia, LLC 190 Route 27 Edison, NJ 08820 (732) 516-1717 http://www.njimmigrationattorney.com While we are in New Jersey, we can represent you anywhere within the United States on federal immigration matters.
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