Deferred Action for Childhood Arrivals

August 15, 2012

Hosted by:Murali Bashyam and Ame Coats

Bashyam Spiro LLPwww.bashyamspiro.com

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Outline

• What is “Deferred Action”?• Automatic grant of employment

authorization if approved? • Basic Requirements• Best Evidence to Meet Requirements • Potential Issues• Procedure for Filing

Today’s Dialogue Map…

Deferred Action

• Deferred Action is a form of “prosecutorial discretion”.

• Dept. of Homeland Security in its discretion will consider “deferring” removal (deportation) of certain childhood arrivals.

• Does not provide lawful immigration status.• Basic requirements must be met.• Requests for Deferred Action will be evaluated

on a case by case basis, based on “totality of the circumstances”.

• Application for Employment Authorization (Form I-765) MUST be filed with Deferred Action Request.

• Overall fee includes employment application.

• If Deferred Action granted, employment authorization will be granted if requester can demonstrate economic need for employment.

• Form I-765WS—Worksheet to show economic need. Must be submitted with I-765. No additional documents required.

Employment Authorization

Requirements• Entered the US before 16th birthday.

• Physically present in the US on June 15, 2012 when policy announced and physically present in the US when request is filed.

• Continuous residence in the US from June 15, 2007 to the date of request.

• Under the age of 31 as of June 15, 2012.

• At least 15 years old at the time of filing (unless in removal proceedings or with final order of removal or with voluntary departure/rules slightly different)

• Educational Requirements: 1) In school; 2) Graduated from high school; 3) Obtained a GED; OR 4) Honorably discharged veteran.

• Must not have been convicted of: 1) 1 Felony; 2) 1 significant misdemeanor; OR 3) 3 or more other misdemeanors. And does not otherwise pose a threat to nat’l security or public safety.

Requirements Continued

Evidence

To Prove Age/Identity:• Preferred—Valid Passport (or expired passport as along

as applicant is recognizable in passport photo) • Valid or expired driver’s license• Birth Certificate is evidence of age, but not identity unless

accompanies by a reliable photo id

Other possibilities—Problematic• School ID with Photo• National Identity Document with Photo from Home

Country

Documents to Show Entry Prior to 16th Birthday:

• School records—official transcripts/report cards• I-94 card or Passport with admission stamp if lawful entry• Hospital/medical records• Any other documentation Requester believes is relevant.

Evidence

Documents to Show Presence in the US on 6/15/2012 and

Continuous Residence 6/15/07 to present:• School records• Lease Agreements/receipts • Utility bills• Employment Records • Hospital/Medical Records• Bank Transactions• Correspondence • Tax bills • Insurance policies …And Other Relevant

Evidence

Evidence

Documents to Meet Educational Requirement

• School Records—transcripts; diploma, GED certificate

• Any other relevant document

Evidence

Issues• Difficulty in producing identity document• Difficulty in producing evidence to show entry prior to 16th

birthday and/or presence 6/15/2007 to the present.– Affidavits alone not sufficient as evidence for most requirements.

• Departures from the US from June 15, 2007 to present could affect case. Have to disclose and trip must have been brief.

• If request denied, no appeal or motion to reopen allowed. (Refiling is possible.)

• Information about applicant, applicant’s family members and guardians not routinely shared with Immigration and Customs Enforcement for purposes of removal.

• Other grounds of inadmissibility—• Considered on a case by case basis/totality of circs

• Form I-821D, Consideration for Deferred Action • Form I-765, Application for Employment Authorization• Form I-765WS, Worksheet/Economic Need• Check or money order payable to Department of Homeland

Security in the amount of $465• Supporting Documents to establish age, identity, and all

other requirements. • Mailed to lockbox in Phoenix, Dallas, or Chicago—depending

upon state of residence. Mailing addresses clearly posted online.

www.uscis.gov/childhoodarrivals

Filing Procedure

After Request is Filed…

1. Receipt Notice Issued.2. Biometrics Notice Issued.3. If more information Needed, Request for Evidence

or Interview.4. Follow USCIS Change of Address Procedures

immediately upon any move.5. Decision—If granted, 2 year employment card

mailed to requester.6. Renewals available as long as program is continued.

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