Everything you wanted to
know about Deferred Action
for Childhood Arrivals…*
*…But were afraid to ask…
*
immigration direct
®
Simplifying Immigration®
DISCLAIMER
This complimentary e-book is for personal reference and self-help purposes only. We provide
this document so that you can be informed during your application for Deferred Action for
Childhood Arrivals. You also may find that this e-book can be used to become connected
with immigration communities and other resources that can help you further integrate into
American society.
“Everything You Wanted To Know About Deferred Action...But Were Afraid To Ask” is in
no way the final word on the subject of Deferred Action; rather, it is a general guide designed
to help you get your bearings in the sometimes confusing world of immigration.
ImmigrationDirect is in no way a part of the United States government or the USCIS (United
States Citizenship and Immigration Services) the official authority regarding the Deferred
Action for Childhood Arrivals program. For the most up to date legal guidance, forms and
FAQs, please go to the USCIS web page. Please note that USCIS often makes alterations
to legal forms or clarifies legal criteria that can change eligibility for DACA relief. These
alterations often occur without warning and sometimes the new interpretations seem
contradictory to prior versions. For this reason, we strongly recommend that you review all
relevant USCIS documentation before applying for DACA.
In addition, this e-book is in no way intended to be a substitute for professional legal counsel
by an attorney. If, because of the complexity of your unique situation, you feel that you may
need to seek representation, we can provide you with sources to help you find an immigration
lawyer. You can also contact the local chapter of your state’s Legal Bar Association for referrals
to other competent immigration attorneys.
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TABLE OF CONTENTS
PAGE
1. What is Deferred Action?
2. Everything You Wanted To Know About Deferred Action
3. The Application and Process
3.a. Application Forms
3.b. Supporting Documentation
01
03
15
17
19
23
4. Scenarios
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What is Deferred Action?
Deferred Action for Childhood Arrivals (DACA) incorporates and implements some of the DREAM
Act Provisions. The U.S. Congress failed to pass the DREAM Act. If it had succeeded, many
immigrants without legal status would have had an opportunity to work toward permanent
resident status and U.S. citizenship. Because DACA was an order given by the Executive Branch
(controlled by the president) instead of the Legislative Branch (Congress), it cannot confer
legal status, substantive rights or a pathway to U.S. citizenship to its applicants. Instead, DACA
provides a temporary period of two years to reside and work in the United States, which is
currently renewable, pursuant to existing regulations.
Of course that does not mean that there are not real benefits available through the DACA
program. Indeed, this new policy gives many undocumented immigrants the chance to do some
things that they were unable to do previously. Not only will you be given the opportunity
to work legally within the United States, but Immigration and Customs Enforcement will stay
removal proceedings against you. You will also not accrue unlawful presence during the period
that you have Deferred Action under the DACA provisions.
Let us examine these three benefits a little more closely:
Work Authorization
When you apply for Deferred Action, you must also apply for work authorization, an immigration
benefit usually reserved for non-immigrant workers and their spouses, asylees and green card
applicants. The work authorization document you receive will allow you to apply for a Social
Security Card and to work legally within the United States. Having the legal ability to work
should broaden your pool of potential employment and also minimizes the temptation to use
false documents or to provide false information on an I-9 form, both of which can lead to
serious criminal and immigration consequences down the road. Your desire to work legally also
demonstrates that you are in good faith attempting to comply with states and federal laws as
much as you can and that you want to be a productive and active member of your community.
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Stay of Deportation
Under existing regulations, if your DACA application is approved, whether or not you are currently
in removal proceedings, you will not be deported. We will talk more about this later in the e-book,
but for the moment it is sufficient to know if USCIS approves your DACA application your case
will not be referred to Immigration and Customs Enforcement (ICE) for removal proceedings for
the authorized two-year period given. This is based on the condition that you do not violate any
laws or fall out of DACA compliance during the two-year period of time.
No Accrual of Unlawful Presence
The third major benefit of DACA is that you will not accrue unlawful presence while under this
policy. If you are above the age of 18 and are in the U.S. illegally, normally, you accrue what is
called unlawful presence, which counts toward a three- or ten-year bar to being in the United
States. Each day in the United States without permission equals one day of unlawful presence
for a person 18 or older. Normally, if a person has 180 days up to one year of unlawful presence
he or she triggers a three year re-entry bar. This becomes a 10 year re-entry bar after 365 days
or more of unlawful presence. Since no unlawful presence accrues during the authorized period
under DACA this is a great benefit.
To learn how to start using the new DACA program to your advantage and get some real
assistance in the application process keep reading.
Questions? Find us at www.immigrationdirect.com or call at (415)-375-3145
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Everything You Wanted to Know
About Deferred Action
Here at Immigration Direct, we get a constant stream of questions regarding Deferred Action
and we have taken the time to compile a list of frequently asked questions. Learning about
DACA is an ongoing process and even more questions are being asked and answered every day
in our forum by people just like you.
When does USCIS want me to pay the
application fee?
The fee is to be included in your application for Deferred
Action. If you are unable to get the money together to
pay for Deferred Action there is help for financing.
How long will the application process
take?
The USCIS estimates that it will take several months to
process your application for Deferred Action, but it is
unknown exactly how long it will take. Actually filling out
the application and gathering the required documents
may take more or less time depending upon how you
choose to approach the matter. Immigration Direct has a
helpful application service that can help you apply.
What if you are currently in the process
of getting a green card through
marriage? Can you get a work permit
through Deferred Action?
If you have filed an I-485 green card application through
your U.S. citizen spouse, then you can file the I-765
application for work authorization.
If I am granted Deferred Action, will
I be able to obtain a Social Security
number?
After Deferred Action is granted and you have received
your work authorization document you may apply for a
Social Security card through the Social Security website.
Do I have to submit my application for
Deferred Action in the mail or can I
apply online?
You will submit your DACA application through the mail,
but can prepare your application online. Be sure to keep
copies of your application and use tracking mail.
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Can I use my paystub from my employer
as supporting documentation even
if I gave them a fake Social Security
number?
It should be noted that using false information or
documentation can interfere with your ability to get other
immigration benefits, such as a work visa, green card, or
citizenship. However, under current DACA regulations,
DHS will accept all kinds of documentation for DACA
applications and it would not appear that using a false
SS# or documentation will be used as a basis to deny
your eligibility for DACA relief, if this is the only negative
factor present. Please be advised that DHS can alter
their position on this issue at any time. You may want
to consider consulting with a competent immigration
attorney who can shed more light on this issue as it
pertains to your specific situation.
How should I submit the fee? Money
order, cash, debit or credit?
The required fee for application should be sent in either
check or money order form. Make sure that you have
sufficient funds in your bank account to draw against
when filing with a check.
To whom should I make the fee payable?
Make payments payable to the “U.S. Department of
Homeland Security”. Be sure to write this exactly because
the USCIS may reject the payment if it is even slightly
different.
If I apply using a computer do I still
need to have an I.D.?
To prepare your application online, click here. As part of
the application process, you will need to submit a form
of identification, among other documents. Use our easy
step by step online tool to guide you through the process
by visiting us here.
Does a high school diploma satisfy the
education requirement?
Yes. A high school diploma satisfies the education
requirement for the Deferred Action program.
If I am currently in high school does
that satisfy the education requirement?
Yes. Current enrollment in high school satisfies the DACA
education requirement.
The requirements say that you need a
GED. Do you really need one?
Yes. Other ways to fulfill this requirement are by either
having a U.S. diploma or certificate of completion, an
honorable discharge in the armed forces or Coast Guard
or current enrollment in school. Immigration Direct offers
a service that helps you get your GED as well.
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I've been pulled over four times for
driving without a license. Will this
Disqualify me?
No. Under current regulations, the USCIS has said that
getting pulled over for driving without a license will not
be considered a misdemeanor in this instance, nor will
other minor traffic violations. However, if it has happened
repeatedly they may decide that you are ineligible for
Deferred Action.
What is a misdemeanor?
For the purpose of DACA, a misdemeanor is a crime for
which the maximum term of imprisonment authorized
is one year or less, but greater that five days in prison.
The USCIS defines a significant misdemeanor as
being a misdemeanor somehow related to domestic
violence , sexual abuse or exploitation, burglary, unlawful
possession or use of a firearm, drug distribution, DUIs or
an offense for which the person was sentence to time in
custody of 90 days or more (not including a suspended
sentence).
I left the country for seven months. Is
this considered a short trip or not?
DHS is not using an exact amount of time to determine a
“short trip”. Instead, they will probably examine the reason
for your trip to see if the period of time was reasonable
given the purpose of the trip. The longer you are out of
the U.S., the harder it will be to retain DACA eligibility.
But there may be circumstances where seven months
can be seen as a short trip. It is highly recommended
that you consult with a competent immigration attorney
to analyze your case and to determine if filing now or
waiting for additional guidance is the best solution.
How do I prove that I qualify for
Deferred Action?
You will be able to prove your eligibility by collecting and
submitting certain documents. More details about what
documents you need can be found in chapter 3.b of this
e-book. You can also use our low cost, easy step-by-step
online system to prepare your entire DACA application if
you need help.
Should I submit supporting
documentation only if the USCIS asks
for it?
You will have to submit copies of all necessary
documentation with your fee and application in order
for the application to be considered. Be sure to have
documentation that covers all aspects of the requirements.
Submitting supporting documentation is easy with our
step-by-step online application!
If I overstayed my visa what do I write
in the question 15 field of Form I-765?
If you are eligible for Deferred Action for Childhood
Arrivals, regardless of whether or not you had a visa when
you entered the country, you should write "Unlawful
Status: Deferred Action for Childhood Arrivals.”
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When paying the fee, do I write two
separate checks for Form I-765 and the
biometrics or just one?
The fee can be combined into one check, but it is
important to note that if there are multiple applicants
filing simultaneously there should be a separate check
for each applicant.
Is the biometrics fee separate from the
$465 application fee?
No. The $465 DACA application fee is made up of the
I-765 application fee ($380) and the biometrics fee ($85).
Is it true the USCIS will be accepting
applications from people enrolled in
GED classes and intending to get a
GED?
Yes. If you are currently taking classes for your GED
the USCIS will consider your application. However, it is
probably a good idea to actually get your GED certificate
before your interview. If you need help getting your GED
Immigration Direct provides a helpful service.
I need to have my birth certificate
translated. How do I get it certified as
being accurate and correct?
Generally, to make a translated document acceptable
for the U.S. government it must include a notarized
statement from the translator saying that they attest
to the translation’s completeness and accuracy along
with their signature and date. Our application system
will describe in detail exactly what you need to do for
translating documents.
Do I have to translate my country's
identification card to English?
Yes. All required documentation that is not already in
English must be translated into English.
Will I be allowed to travel outside of the
United States if I am granted Deferred
Action?
Possibly. Once you are granted Deferred Action you
may file for advance parole with the USCIS. If approved
this will allow you to travel outside of the United States.
However, you should not travel outside of the country
while still applying for Deferred Action as this will be
interpreted as self-removal. Before using your advanced
parole document it is important to determine if it will
trigger any three or ten year re-entry bars.
Does Deferred Action grant legal
status?
No. Deferred Action does not confer legal status or a
pathway to a green card or citizenship.
Can I request a fee waiver?
No. There are no waivers available for the DACA program.
However, there are some rare instances where you may
be exempt from a fee such as severe poverty or disability.
Can’t afford the fees? We can help you find resources for
financing your application.
How many people are expected to
benefit from the Deferred Action for
Childhood Arrivals policy?
About 1.7 million people are expected to benefit from
Deferred Action as reported by the PEW Hispanic Center.
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Does this policy apply to those who are
subject to a final order of removal?
Yes. If you are eligible for Deferred Action and are subject
to a final order of removal you may use I-821D to request
that USCIS reconsider your case.
What are the requirements to apply for
Deferred Action?
•
•
•
•
What are the risks involved in applying
for Deferred Action?
The primary risk involved in applying for Deferred Action
is that you are exposing yourself as an illegal immigrant
to the United States government. If you feel that your
case is particularly complicated or you have had a strange
history or record in the U.S., you may want to consider
using a competent immigration attorney.
If I apply for Deferred Action will I be
eligible for employment authorization?
Yes. When you file for Deferred Action you will also apply
for work authorization. It is very rare for employment
authorization to be denied. If you need help applying for
Deferred Action visit our application services page.
If my Deferred Action application is
extended will I have to re-apply for
employment authorization?
Yes. When you re-apply for Deferred Action after it expires
in two years you will go through the same process as
when you first applied. If you need help re-applying, visit
our application services site.
What should I do in order to ensure
that my case is reviewed under this
new policy by ICE if I am in removal
proceedings?
You should begin by gathering the required
documentation, but ICE should automatically begin to
consider your case under Deferred Action as soon as it
takes effect.
If I satisfy the eligibility criteria for
Deferred Action and encounter either
ICE or CBP will I be placed into removal
proceedings?
Under current regulation, ICE and CBP have been
instructed by the DHS to exercise prosecutorial discretion
regarding potential candidates of Deferred Action. This
means that if you are apparently eligible for Deferred
Action ICE and CBP will leave you alone.
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You must be younger than 31 as of June 15th, 2012;
Entered the United States before your 16th birthday;
Present in the United States on June 15th, 2012;
Continuously resided in the United States for at least
five years;
• Currently enrolled in school, completed high school in
the U.S., achieved a GED or were honorably discharged
from the United States military or Coast Guard;
• And not have been convicted of a felony, significant
misdemeanor or three or more other misdemeanor
offenses not arising from the same act or scheme of
misconduct or are otherwise seen as posing a national
security or public safety threat.
• For help with your application visit our application
services page.
www.immigrationdirect.com
Will DHS personnel responsible for
reviewing requests for an exercise of
prosecutorial discretion under this
process receive special training?
Yes. DHS personnel will receive special training to handle
the influx of DACA applicants.
Will I have to submit to a background
check before I will be granted Deferred
Action?
Yes. A background check is required in order to receive
Deferred Action.
What do background checks involve?
USCIS will run fingerprints and names through a variety
of federal databases to check biometric and biographic
information provided on the application. It is incredibly
important to not lie on your application because
misrepresentation and fraud will lead to a DACA denial
and possible referral to immigration court.
What documentation will sufficiently
demonstrate that I came to the United
States before I was 16?
There are various documents that could show that you
came to the United States before you were 16 including
entry documents, school records or baptismal records.
Be creative in coming up with proof for your presence in
the United States and be sure to check out chapter 3.b
for some ideas.
What offenses qualify as a felony?
A felony is a crime punishable by imprisonment exceeding
one year.
Can I appeal my case if ICE or USCIS
denies my request for prosecutorial
discretion?
No. The USCIS will not review their own decisions about
Deferred Action and you may not appeal the decision.
This makes it all the more important to file correctly.
Will my relatives and dependents be
eligible for Deferred Action as well?
No, only people who individually qualify for the program
will be able to receive Deferred Action. Use our easy to
use application process!
If my request for deferred action is
denied will I be placed in removal
proceedings?
Yes and no. It is a matter that is left up to ICE and USCIS to
determine whether or not you should be issued a Notice
To Appear or removed. If this happens you may need an
immigration lawyer.
What should I do if I am eligible under
this process and have been issued an
ICE detainer following an arrest by a
state or local law enforcement officer?
If you meet the guidelines and have been served a
detainer, you should immediately contact either the Law
Enforcement Support Center’s hotline at 1-855-4486903 (available every day, all hours) or the ICE Office of
the Public Advocate either through the office’s hotline
at 1-888-351-4024 (available 9 a.m. - 5 p.m. Monday
through Friday) or by e-mail at EROPublicAdvocate@ice.
dhs.gov.
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I walked across the border. How do I
prove when I came in?
If you have official documents that place you in the United
States before you were 16 these will serve as proof that
you entered before age 16. This can include anything
from school records to medical records as long as they
indicate your age on them or the form date otherwise
verifies that you were under the age of 16.
When I first entered the United States I
was under 16 years old, but then I left.
Later I came back. Do I qualify?
Unless you entered the United States before you were 16
years of age and on a date at least before June 15, 2007
you will not be eligible.
What will happen if I file but don't
qualify for Deferred Action?
Under current regulation, USCIS has stated that ICE will
not automatically issue a Notice to Appear in Immigration
Court. Instead if your case does not involve a criminal
offense, fraud or threat to national security or public
safety, your case will not be referred to ICE for purposes
of removal proceedings except where DHS determines
there are exceptional circumstances.
If I qualify, and I get deferred action,
can the government change its mind
and decide to deport me later?
Once you are given DACA relief, Deferred Action lasts for
two years. As long as you do not violate the law or the
DACA rules during that period of time there will be no
action to deport you.
If I am granted Deferred Action can I
get a driver's license?
Whether or not you can get a driver's license after you
have been granted Deferred Action is entirely dependent
upon what state you live in. Check with local regulations
to see if you can get a driver's license.
If I am not currently detained can I get
Deferred Action?
Yes. The Department of Homeland Security says, "This
process is open to any individual who can demonstrate he
or she meets the guidelines for consideration, including
those who have never been in removal proceedings as
well as those in removal proceedings, with a final order,
or with a voluntary departure order (as long as they are
not in immigration detention)." So, as you can see, the
only way that you can get Deferred Action is if you are
not in detention.
If I apply for Deferred Action will
the information I supply be kept
confidential?
Under current regulations, your information will be shared
with USCIS but if shared with ICE or CBP, they cannot use
it for the purpose of immigration enforcement or removal
unless the applicant is found to be involved in fraud, a
criminal offense or is a threat to national security or safety.
This information can also be shared with national security
and law enforcement agencies for purposes other than
removal (deportation). It is important to understand that
USCIS can alter their policy on this issue at any time.
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Will there be a drug test during the
Deferred Action application process?
There will be no drug test for the Deferred Action policy;
however, there will be a background check.
What will happen to illegal immigrants
if Deferred Action is repealed?
As mentioned before, DACA and Prosecutorial Discretion
both stem from Executive Orders from the president.
Just like they gained force of law like “that”, these orders
can be revoked the same way. The best thing you can
do is to lobby your congress people for comprehensive
immigration reform and to get your friends, family and
employers to do the same.
What does it mean when they say
Obama's Deferred Action policy will be
implemented through a DHS directive?
Since Deferred Action for Childhood Arrivals is an
Executive order and not an act of congress it will be
merely a change in day-to-day policy at the Department
of Homeland Security. It is in no way an official law and
will not confer lawful status to requestors.
How do I apply for Deferred Action?
To apply for Deferred Action you will download Forms
I-821D, I-765 and I-765WS from the USCIS website, fill
them out completely and mail them to the appropriate
lockbox location listed in the instructions section for the
application. If you need help filing for Deferred Action
visit our Application Services page.
How will Deferred Action benefit
undocumented immigrants?
Deferred Action will allow undocumented immigrants
brought into the United States as children to temporarily
work and avoid deportation.
Why would an employer hire a DACA
worker?
The purpose of form I-765 and I-765WS is to determine
whether or not the applicant has an economic need to
work and if granted you will be able to work legally in the
United States for two years. This legal work status allows
employers to legally hire you.
How do I file for a work permit through
the Deferred Action for Childhood
Arrival program?
When you file for Deferred Action for Childhood Arrivals
you will also be applying for work authorization. If the
USCIS determines that you have an economic need to
work you will be granted work authorization.
Will Deferred Action expose my illegal
family members?
Under current regulation, the USCIS has stated that it will
not share the information about your relatives included
in the application as long as it does not interfere with
law enforcement in the United States. This policy can be
altered at any time.
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What happens if I file for Deferred
Action at the wrong location?
You don’t want to find out! The best way to apply for
Deferred Action is to apply correctly the first time.
I have an A-1 visa. Can I apply for
Deferred Action for Childhood Arrivals?
If you already hold a valid visa there is no reason to apply
for Deferred Action because you already hold legal, if
non-immigrant, status.
If I already live in the United States what
do I fill in for the "country of residence"
field on the work authorization form?
Though, generally, people applying for work authorization
do so when they are outside of the country, in the case of
DACA you will fill in "United States" for this field.
Does Deferred Action halt
deportation of young students?
the
Yes. If you are granted Deferred Action any removal
proceedings against you will be halted for two years.
If you need help filing for Deferred Action refer to our
application assistance site.
Do I have to pay a fee to be considered
for Deferred Action?
Yes. The fee is $465 total. It is to be included in the
application package in either check or money order form.
Where do I get the application to defer
action?
Apply with for Deferred Action through Immigration
Direct’s useful application service!
I was older than 16 years of age when I
came to the United States. Do I qualify
for Deferred Action?
No. If you were even a day older than 16 when you entered
the United States you are not eligible for Deferred Action.
Can I enter the United States Marine
Corps with Deferred action?
According to the United States Marine Corps website
permanent residency is required in order to enlist. Since
Deferred Action does not confer legal permanent resident
status you will not be able to enlist in the Marines with
Deferred Action. However, a recruiter may decide that
some requirements may be waived depending upon
your circumstances.
If I have a misdemeanor can I still apply
for Deferred Action for Childhood
Arrivals?
Yes. The Department of Homeland Security will be
considering Deferred Action on a case by case basis, so
it really depends upon the circumstances of the crime.
Minor and non-significant misdemeanors are likely to be
overlooked.
Is Deferred Action necessary to be
employed?
Yes. Work authorization is necessary for any immigrant
to work legally in the United States and this is currently
the only work authorization available to undocumented
immigrants.
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Does USCIS check juvenile records
when considering Deferred Action?
Yes and no. Expunged and juvenile records are not
automatic disqualifications. Instead, USCIS is instructed
to apply discretion and assess on a case by case basis.
Consulting with a competent immigration attorney
before filing is strongly recommended. However, they are
still instructed to apply discretion to these cases and they
may decide that you are ineligible for juvenile records.
Will I need an attorney to apply for
Deferred Action?
Not necessarily. This depends upon the facts of your
case. For more clear cut cases, you may feel comfortable
applying on your own or using Immigration Direct’s
application service; however if you have a particularly
difficult case to argue to USCIS you may want to consider
retaining a competent immigration lawyer.
Can I travel within the United States
while I apply for Deferred Action?
Yes. You may travel anywhere in the United States during
or after your application process. However, you will be
considered abandoning your application if you leave the
United States during your application process. It is also
a good idea to carry the EAD work card and other proof
of DACA approval, in particular for airport travel. That is
because some TSA agents think they are supposed to
inquire into your immigration status.
Can you apply for the Deferred Action
for Childhood Arrivals program if you
have a felony?
No. You will be denied Deferred Action if you have been
convicted of a felony.
Where can I go to seek help for filling
out my application for Deferred Action?
You can visit our website or you can contact the local
chapter of your state’s bar association.
Is Deferred Action Obama's Dream Act?
Deferred Action is in no way the DREAM Act, but the
Obama administration is still attempting to enact the
DREAM Act.
If I entered the United States without
a visa how do I fill out question 15 on
Form I-765?
Write in "Unlawful Status: Deferred Action for Childhood
Arrivals" for question 15 on Form I-765.
Can I use a passport as identification
even if it is expired?
The U.S. government prefers you to get your passport
renewed before you apply for Deferred Action. Applying
for Deferred Action with an expired document may lead
to your application being rejected.
Can I apply without a passport?
Yes. As long as you can prove your identity you won't
necessarily need a passport. However, the government
prefers that you have a passport.
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What type of misdemeanors would
make me ineligible for Deferred Action?
If you have been convicted of three or more
misdemeanors not occurring on the same date or
arising from the same act, omission or scheme, you
cannot obtain DACA benefits. Otherwise a single serious
misdemeanor would make you ineligible as well, such
as a crime involving domestic violence, drugs or driving
while under the influence. However, the USCIS is taking
every application on a case by case basis and you may
be able to argue your suitability for the program, but it
is ill-advised unless you retain a competent immigration
lawyer.
What do they mean on the application
when they ask if I have used other
names?
If you go by any nick names, aliases or pen names on
legal documents, passports and birth certificates the
government wants you to list these on the application.
Will my passport and Consular ID card
be enough to prove my identity?
Yes. A valid passport and consular ID should be enough
to prove your identity; however, it never hurts to have
even more proof available in case USCIS asks for it. For
more information see chapter 3.b.
What different options do I have for
help in the application process?
Immigration Direct is one of those options. We can help
you file for Deferred Action correctly and provide you
with explanations of the process. You could also hire a
competent immigration lawyer if your case is particularly
difficult.
If I am currently attending high school
is it acceptable to write today's date
on the application for the question
regarding date of attendance?
Yes, or you could write “Presently attending”. You should
also include a document that shows that you are attending
currently. Transcripts or grade cards will sufficiently show
this. For more information see chapter 3.b.
I was too young to know when I first
entered the United States. How do I
know if I qualify?
You probably know the approximate date of your arrival.
When you fill out the forms you can write in "believed to
be (date)" in the appropriate field on the form.
What does "in care of" mean?
"In care of" means that if you happen to have someone
or an organization that is better prepared to receive
mail than you. Any correspondence can be sent to this
address instead of your actual address. This is generally
used when using a lawyer or an immigration assistance
organization.
Do applicants need to submit their
supporting documentation in their
applications or will they just be required
to bring it to the interview?
Copies of supporting documentation must be included
in the application package along with the fee in order for
it to be considered. It is also a good idea to bring your
original supporting documentation to your interview as
well.
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On Form I-765 what should I write in
for Question 16?
Write in “(c)(33)” for your category in question 16.
If I make a mistake when filling out the
forms should I cross it out or use white
out?
Do not use white out or cross out the answer. Just to be
on the safe side use a freshly printed application form.
Can I get E-notification? What is
E-notification?
E-notification is available when you include Form G-1145
with your application. It will ask for your name, your
telephone number and your email and you will receive a
confirmation of your application’s acceptance via e-mail.
What if my application is returned with
a note that says it is deficient?
Your form will be returned to you as being deficient if you
forgot to either sign it or sent it without a fee payment.
You may re-submit it, but it will take longer to process
your application. That is why it’s best to make sure your
application is correctly filled out the first time. If you need
help filing your application, Immigration Direct offers
Application Assistance.
When do I get my work authorization
card?
The USCIS will mail your work authorization card to you
upon the successful acceptance and approval of your
Deferred Action application. This is normally at least 90
days after USCIS has cashed your filing fee.
What does the USCIS mean by “brief,
casual and innocent”?
The USCIS says that any departure undertaken before
August 15th of 2012 will not necessarily be considered a
break in your continuous residence as long as it is brief,
casual and innocent. Under current regulation, this means
that the brief amount of time taken outside of the country
makes sense for what you were doing, you didn’t take on
any serious employment, you weren’t being deported,
excluded or otherwise removed by USCIS and you were
not breaking any laws outside of the United States. The
definition of this phrase is still up for interpretation by a
USCIS officer however.
What if my employment authorization
application is denied?
The USCIS will mail you a letter informing you that your
application has been denied. However, this is rather
unusual. Work Authorization is more often than not
accepted. You may re-apply for work authorization if
your conditions have changed.
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The Application and Process
Eligibility
There are several requirements that applicants must meet in order to be considered eligible for
Deferred Action:
• You must have been younger than 31 on June 15th, 2012.
• Came to the U.S. before reaching your 16th birthday.
• You must have lived in the United States five years prior to June 15th 2012, which means
that you must have entered the United States prior to June 15th 2007.
• You must have been present in the United States on June 15th 2012.
• You will also need to show that you have graduated from high school in the United States,
obtained a GED or are currently enrolled in a program that will get you either of the
above certifications.
ºº
You can also meet the above education requirement if you were honorably discharged
from one of the branches of armed services in the United States. These branches
include the Army, the Navy, the Marine Corps, the Coast Guard or the Air Force.
• You must also have a clean record without any felonies or significant misdemeanors.
Significant misdemeanors are defined by the Department of Homeland Security
as being crimes involving drugs, domestic abuse, burglary or other serious crimes.
Multiple minor misdemeanors will also disqualify you from Deferred Action benefits.
Questions? Find us at www.immigrationdirect.com or call at (415)-375-3145
Deciding Upon an Application Method
There are a variety of ways by which you can apply for Deferred Action including Immigration
Direct. Immigration Direct ensures that your application is filled out correctly and the proper
eligibility documentation is attached. For a fee, you can ensure that your application is sent in
properly. Although the USCIS forms are free online, there is a greater risk for error when you fill
out these forms alone.
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Immigration Direct can also be a great time saver. The Department of Homeland Security
releases the estimated time burden of each application, which includes the time needed to
read the instructions and fill out the application. Their estimate is approximately two hours and
45 minutes, but this does not include the collection of your supporting documentation. With
Immigration Direct we not only cut the amount of time that it takes to fill out the forms, but we
also provide assistance in compiling the eligibility documentation.
There are some instances in which your particular application is unusually complicated or difficult.
Perhaps you have large gaps in your record of residence or you have had a slightly criminal past.
You may want to seek out a lawyer to represent you during the application process for Deferred
Action for Childhood Arrivals.
Finding a lawyer to represent you may seem to be daunting considering the potentially large
cost and a general fear of scams. Often times when new immigration regulations are passed,
you will see businesses claiming to have an “in” or that they can get your case processed more
quickly or with more benefits than that regularly advertised by USCIS or credible immigration
attorneys or immigration services. Do not be fooled. It’s important to get reliable and honest
legal counsel. Immigration Direct happens to have a list of competent lawyers for you to retain
if you need legal counsel.
The Application Process
No matter which tack you wish to take when applying for Deferred Action for Childhood Arrivals
the process is consistently similar.
1. Fill out Forms I-821D, I-765 and I-765WS; collect required eligibility documentation; and
include a check for $465 to cover the employment authorization and biometric services
fee in the application packet.
2. Mail the packet to the USCIS lockbox appropriate for your current residence. You can find
this information in the instructions of Form I-765.
3. If you filled out Form G-1145 and mailed it in with the rest of the documents you will
receive confirmation that the USCIS has received your application a few weeks after it was
submitted in either e-mail or SMS form.
4. After your case is filed, USCIS will schedule your biometrics appointment and mail you
that notice. If you fail to attend, your application will probably be considered abandoned.
5. Upon your application’s approval you may start work as soon as you get your social
security card.
In most cases, USCIS will approve the case without interview and mail the approval notice
and work card directly to your mailing address. In certain circumstances they may schedule
an interview to determine eligibility before making a decision on your DACA case.
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Application Forms
For help with your application, find us at www.immigrationdirect.com or call at (415) 375-3145
Form I-821-D
By filing the DACA application, you are asking the Department of Homeland Security to formally
defer your removal proceedings for two years based on the current regulation. In this form you
will be declaring your eligibility for the Deferred Action program and requesting Deferred Action
on your case. In order to submit this form, you must also submit Forms I-765 and I-765WS and
the appropriate form fee which are discussed further below. It is very important to accurately
and completely fill out this form because if there is only just one mistake it can be rejected and
you will have to start the process over again.
Form I-765
Form I-765, otherwise known as the Application for Work Authorization is rather selfexplanatory. With this form you are asking the government to allow you to work legally within
the United States. After this form is submitted and approved you will be mailed an Employment
Authorization Document (EAD) also known as a work authorization card. With this you may
apply for a Social Security Card and then apply for a job. This is a major benefit of the Deferred
Action for Childhood Arrivals program.
Form I-765WS
The purpose of Form I-765WS is to demonstrate that you have an economic need to work. If you
are eligible for Deferred Action it is unlikely that you will be denied work authorization unless
you are either too young to work or there is some other extreme reason for why you would not
need to work. Everyone needs to be able to work so that they can forge their own living and
undocumented immigrants who arrived in America as children are no exception.
Form G-1145
There is something you can do to assuage your anxiety while you wait for your application
to be filed and approved. By filing this form, USCIS will send you a text or e-mail when your
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application has been accepted for processing. The USCIS will let you know the moment that
your application has been accepted if you just fill out the form and clip it to the front of your
application for Deferred Action for Childhood Arrivals. Form G-1145 is a simple form to fill
out, requiring only your telephone number, name and email address. There is no fee for Form
G-1145. Be sure to fill out Form G-1145 and clip it to your application for Deferred Action before
you send it in.
Fee Exemptions
The USCIS is very unlikely to grant any sort of fee exception for the DACA program but there
are some rare circumstances when it may be granted with appropriate documentation. You
would have to meet the strict requirements for an exemption. If you are younger than 18 and
homeless, in foster care, lack family support or your family is especially destitute you may be
eligible for a fee exemption. You also may be able to file for a waiver if you are severely disabled
or heavily burdened by medical bills.
You must obtain the fee waiver before you submit your DACA application. You do this by writing
a letter and including extensive documentation that your request is credible and based upon
one of the existing conditions outlined above. USCIS will review your request and then either
approve or deny it. They will then send you a letter telling you whether or not you will receive
an exemption.
If it is denied or the USCIS asks for more information, re-send the fee exemption request before
you submit your application for Deferred Action. It is important to keep in mind that if you
are trying to get a fee exemption you should not send in your application for Deferred Action
until you receive a letter from the USCIS that says that your fee has been waived. If you send in
your Deferred Action application without the letter and without the fee your application will be
summarily denied.
You will want to prove, incontrovertibly, that you are incapable of paying the fee. This means
that you will want to submit a lot of documentation illustrating your disadvantage.
Documentation that may prove useful for applying for a fee exemption include:
• Birth certificates to prove that you are younger than 18;
• Affidavits or letters from community-based or religious organizations on their letterhead
with original signature verifying homelessness or other eligibility categories.
• A letter that confirms that you are in foster care;
• Tax documents, paystubs, bank statements, or other reliable evidence of income level. This
can include an affidavit from the applicant or other party confirming that the applicant
does not file tax returns, has no bank account or has no income to prove income level.
• You will also want to show extensive medical documentation such as insurance records,
medical records and bills, letter from the attending physician outlining the disability and
its affects and other evidence of un-reimbursed medical expenses of at least $25,000.
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Supporting Documentation
As a general rule: more is better. Though not every one of the documents listed here is necessary
to demonstrate that you are eligible for Deferred Action it is better to have as much proof as
possible.
It is also important to collect documentation that specifically addresses every aspect of the
eligibility requirements.
Identification
You will need to submit a few documents to establish your identity to show that you are who you
say you are. You should have sufficient information to link your date of birth, your photograph
or fingerprint and some kind of recognition by a government institution together.
These are all acceptable forms of identification:
• A passport,
• Birth certificate,
• An official ID document from your home country with either a photo portrait or a
fingerprint,
• Employment Authorization Documents,
• Expired Visas,
• Driver’s licenses,
• School ID with a portrait, or
• Military ID with a portrait.
Entry
You will also have to show that you entered the United States before you turned 16 and therefore
will need some of these documents:
• A passport with a dated stamp,
• An Arrival/Departure Document that was issued to you upon entry to the United States,
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• A document from an immigration department that states the date when you entered the
country,
• Travel tickets that establish an arrival time such as airline, ocean-line or bus tickets,
• School records that establish your attendance in public school and therefore residing in
the United States at a date acceptable for the eligibility requirements,
• Medical records that establish that you were present in the United States before age 16,
• Official religious records such as baptism certificates, bar/bat mitzvah certificates,
confirmation certificates, or
• The charging document used to place you into removal proceedings by either INS or
DHS, and final orders of exclusion, deportation or removal.
Residence Requirement
Documents that establish that you were in the United States on June 15, 2012 and have resided
in the United States for at least five years prior to that date are particularly important and you
should have documents that show that you met the requirement for every six months of those
five years. Acceptable documents include:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
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Rent receipts,
Power bills,
Gas bills,
Other utility bills,
Employment records,
School records like transcripts or grade cards,
Military personnel records,
Medical records that show that you were in the United States on June 15th,
Religious records,
Money order receipts,
Passport entries,
Birth certificates of your children,
Bank transactions,
Correspondence,
A Social Security card,
Car title,
Car registration,
Deeds,
Mortgages payment receipts,
Rental agreements,
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•
•
•
•
Contracts,
Tax receipts,
Insurance policies, or
Postmarked letters.
Education
You will have to establish your achievement in education.
You can show that you are enrolled in school by providing transcripts and report cards with
current dates.
Other documents that fulfill this requirement include:
• A diploma,
• A certificate of completion, or
• A GED (General Education Development certificate).
Military Service
To prove that you have been honorably discharged from either the United States military or the
Coast Guard you will need:
• Form DD-214, Certificate of Release or Discharge from Active Duty,
• NGB Form 22, National Guard Report of Separation and Record of Service,
• Military Personnel records, or
• Military Health Records.
Honorable discharge will also satisfy the education requirement.
Travel
You will also need to have a record of all of the times you left the country for any period of time
at all. The Department of Homeland Security will still consider you for Deferred Action as long
as these departures are of a brief, casual and innocent nature. See the FAQ for more information
on what the DHS means by brief, casual and innocent departures. This includes:
•
•
•
•
•
•
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Arrival/Departure Cards,
Passport entries,
Travel tickets,
Hotel receipts,
Evidence of departure reasons such as a marriage certificate or a cruise liner ticket, or
Advance parole documents.
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Presence
You will also need to demonstrate that on June 15th, 2012 you were in the United States illegally.
Any documents that may demonstrate that you have met these requirements will suffice as
long as they specifically address the requirement and are genuine. Examples could be bank
transaction statements, movie tickets or even minor traffic citations.
Removal Proceedings
If you have ever been in removal proceedings you will need to provide the removal order from
the immigration judge. This is only necessary if you have gone to court to be deported or were
otherwise in immigration proceedings at a port of entry or near the U.S. border.
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Scenarios
To illustrate the best way to go about filing for Deferred Action we will list some fictional
scenarios. These are in no way examples taken from real life but rather created for hypothetical
learning.
Scenario One:
Florentino Daza wants to know if he is eligible for the Deferred Action for Childhood Arrivals
program so he asks his friend, Bertrand—who happens to be quite familiar with the requirements—
to quiz him.
“Okay, Tino, do you have an ID?” Bertrand asks.
“Nope, not yet. I just turned 16 a couple months ago. I’m not even sure I can get a driver’s
license,” Tino responds.
“Right, you’re really going to have to get an ID, pal. Where were you born again? You
should mail into that government and request a passport before you file. Not only will
the passport identify you, but it will also prove that you’re of an appropriate age to apply
for Deferred Action.”
“Got it,” Tino says and jots a note down in his notebook studiously labeled
“DACA application”.
“While you wait for your passport you can gather the rest of your documentation. Next
time you get a report card be sure to keep it handy and photocopy it for the file. You
might also want to consider trying extra hard to get good grades this year. The USCIS is
bound to like you more if it looks like you’re trying hard in school.”
“Randy, I get better grades than you,” Tino laughs.
“One bad year and you still give me trouble? Okay, next item. So what kind of evidence
do we have to show that you were here before June 15, 2007?”
“Err, you know, I don’t even know if there is any record of me coming into America.”
“Well, we don’t really need to prove that, we just need to show that you were here before
2007. I’d suggest that you get all of your school records for the past six years together
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(Since you were in fourth grade, I reckon) and that will show that you were younger than
16 when you were first in the country and you have been here consistently for five years.”
“So far I guess I just need a passport and a huge stack of report cards,” Tino chuckles.
“Well, considering that you’re only just a junior in high school you haven’t really had that
many opportunities to make a paper trail in life. You don’t pay any bills, you don’t have
a job—“
“I have a job!” Tino interrupts.
“How is helping Carla with her math homework a job?” Bertrand laughs. “You don’t
have any evidence to show how you got into the country, you don’t have a criminal
record—other than your criminal taste in music—you’re practically invisible to the federal
government. A tough requirement will be proving that you were in the country on June
15th,” Bertrand muses, rubbing his chin.
“That’s not hard at all. Remember I spent a lot of time volunteering at the recycling center
at the college campus. I can easily get my supervisor to write a letter to the USCIS.”
“You’ll have to get an affidavit that attests to your presence which means that you’ll have
to have it notarized. You can do that at the post office any time.”
“Uh-huh, affidavit…got it,” Tino says as he writes a note in his notebook.
“I think that’s it! You qualify! Congratulations, Tino!”
“Thank you, thank you,” Tino says, bowing in mock sarcasm.
Since there is currently no deadline for the DACA program Tino just has to wait until his passport
comes and then he can apply for Deferred Action.
Scenario Two:
Q. My name is Rosa Flores and I call the United States my home. I lived there for many years
from the age of seven until I turned eighteen about four years ago. At which time I moved
up to Vancouver to go to university. I have now graduated and wish to apply for Deferred
Action for Childhood Arrivals. How do I go about applying?
A.
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Unfortunately, the United States government will probably consider your time away
at school as self-removal which would make you ineligible. You also don’t meet the
requirements of spending the past five years in the United States or being in the country
as of June 15th, 2012. Your best chance to get into the country is by applying for a green
card through the USCIS. Considering your education you can probably get a green card
through employment.
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Scenario Three:
Remedios Buendia started looking into Deferred Action the moment that she heard about
it on June 15th, 2012. However, she soon discovered that she could not apply until August
15, 2012. In preparation she decided to see if she was eligible and started thinking of how
she would be able to prove her eligibility. “It is the government after all,” she reasoned
with her mother, “They have to make you jump through all of the hoops to make sure that
everything is fair and correct.”
The first requirement is relatively easy. She has to have been younger than 31 as of June
15th. She was 25 at that time and she can prove it by showing her primary identification
document, her passport. In fact, her passport will be very useful for many of these
requirements.
The second requirement is also pretty easy to prove with her passport considering that
she has the expired B-2 visa stamp on the very first page. She makes a note to herself to
ask her mother to fish out the Arrival/Departure Card that they surely received when they
entered the U.S.
She also has to show that she has been in the United States for the past five years, which
she can easily accomplish by providing either her rent payment receipts or her power
bills. That might be a lot of paper, but it is incontrovertible proof that she was in the
country since June 15, 2007.
She must also prove that she was in the United States on June 15, 2012. She searches her
mind for what she was doing that day and remembers that she was at the community
college library looking up information about DACA. She could probably prove that she
was in the country that day with her library check-out record or an affidavit from her
professor attesting to her presence on that day.
Considering that her visitor visa expired long ago and that was the reason she was
allowed in the country her passport stamp will probably be sufficient to prove her illegal
immigration status.
There’s also an education requirement that must be met for her to apply. Her diploma is
perfectly acceptable to satisfy this requirement.
Remedios doesn’t have to worry about the last requirement because she has never been
charged with any kind of crime at all.
The next step she takes is to make photocopies of all of these documents and enclose
them in a large envelope to mail in when she has completed filling out the forms. Together
with the document copies and hand-signed forms she addresses it to the Chicago USCIS
lockbox and now she’s on her way to getting Deferred Action!
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Scenario Four:
Ricardo Estrada is 20 years old, currently enrolled in college and lives quite happily in in
the United States. His parents—like so many parents from so many past generations—left
their home country to eke out a better life for Ricardo and his sister, Isabel. Because of the
hurried nature of their departure they did not obtain the proper immigration documents
when they entered the United States and have lived in the country for 20 years without
documentation.
When the Deferred Action for Childhood Arrivals program was announced he decided
that it was time to stand up and be counted, to become a voice in American culture.
He looked online to see if he qualified and a dialogue developed in his head as he checked
off the requirements and thought of how to document them:
“Did I enter the U.S. before age 16? Of course! I wasn’t even a year old when I got here! I
bet I even have hospital records from getting booster shots or something.
“Have I lived continuously in the United States for the past five years? I did spend a little
bit of time in Canada, but they say that brief, casual and innocent trips don’t count and
that trip was certainly brief, casual and innocent. I don’t care to learn anything more
about maple syrup farms ever again.
“You betcha I was here on June 15, 2012. How can I forget? I spent all day busting my
butt at the bakery for Mr. Ginsberg instead of watching the news like I wanted to! I can
get Ginsberg to attest to my presence I know it. Though when I get work authorization I
might leave that job for a better one; I just won’t tell Mr. G that detail.” Ricardo chuckles
to himself.
“I just started my junior year of college, so yeah, I am currently enrolled. I could also show
them my high school diploma just to be on the safe side.
“I’ve never had a visa, so that will be somewhat hard to prove. How do you prove that you
didn’t do something? They say that religious records work and I know I was baptized very
shortly after getting here.
“Have I ever been convicted of a felony or misdemeanor? Never! I’m no criminal. Well,
there was that one time that I was driving and I was just exhausted and the cop pulled
me over because he thought I was drunk I was swerving so much. The application even
says that minor traffic violations won’t be considered. I didn’t even get a citation for
that incident. He let me off with a warning to go home and sleep before I became a real
hazard.’”
And at that moment Ricardo realized that he did qualify for the DACA program. Next
thing for him to do is to get all of his papers in order and apply and Immigration Direct
will most certainly be there for him for whatever help he needs.
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Scenario Five:
Dai Chen was absolutely terrified on her 19th birthday, the same day that an ICE officer
handed her an envelope with a Notice to Appear inside. For over ten years she had called
the United States her home and now her court date was drawing close. Would she be
deported, or as the government calls it, removed? It was a horrible thing to think of, being
sent back to China, a place that she had lost touch with, a place where she had practically
nothing. She had built a life in the United States and wanted to continue living there.
Overtaken by the depressing thought of having to leave her home she lay on the couch
and let the television blare in her dark room. The news was on. She mocked the lady
telling her about the weather. You know you’re powerless when you find yourself whining
at the television set. Then a reporter came on the set and announced the next story:
“A new policy handed down by the Obama Administration seeks to provide some of the
benefits of the failed DREAM Act. Over a million young undocumented immigrants will be
able to ask the Department of Homeland Security to defer their removal proceedings—“
Now this caught Dai Chen’s attention. Is this really happening? How could she be so
lucky as to get this kind of news right after she was served her own removal papers?
She immediately went to the computer and looked the new program up and found that
indeed she was eligible and that even if she was already in removal proceedings she
could now defer her removal for two years.
What a relief!
If you need help filing for Deferred Action, finding a lawyer to help you file, finding a loan to
pay for the fees or meeting the education requirements of the Deferred Action Program, find
Immigration Direct at www.immigrationdirect.com/deferred-action-DACA/ or give us a
call at (415)-375-3145 and we can help you realize your dreams.
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