daca – beyond the faq’s aila – spring conference april 24, 2014 liz cedillo-pereira...
TRANSCRIPT
DACA – BEYOND THE FAQ’S
AILA – Spring Conference
April 24, 2014
Liz Cedillo-Pereira
Nancy Falgout
WHAT IS THE DEFERRED ACTION?
It is an exercise of Prosecutorial Discretion from the Department of Homeland Security that allows certain undocumented individuals to apply for a work permit in the U.S.A. and prevent their deportation--as long as they meet specific requirements.
GREEN CARD?
Is Deferred Action a Green Card? No, this is only a temporary stop gap and does not grant permanent legal status to anyone.
.
WHO QUALIFIES?
Requirements:
1.Age at entry
2.Continuous Presence in the U.S.
3.Status
4.Education
5.Good Moral Character
6.Age at announcement
7.Presence in U.S.
Who qualifies for a Deferred Act
REQUIREMENT 2 – CONTINUOUS PRESENCE
Continuously resided in the U.S. for at least 5 years prior to June 15, 2012 and
Not impacted by brief, casual, innocent absence
Absence not due to order of exclusion, deportation or removal, voluntary departure
Actions during absence not contrary to law
REQUIREMENT 3 – UNDER 31
On June 15, 2012, (Day DACA announcement was made, person had to be under 31 years of age
REQUIREMENT 4 – STATUS
Entered without inspection before June 15, 2012 or lawful immigration status expired as of June 15, 2012
REQUIREMENT 5 – EDUCATION
“currently be in school” or
have graduated from high school
or
have a GED
or
be an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.A.
EDUCATION
Currently in school:
GED
ESL
Literacy
Job Training Programs Http://www.twc.state.tx.us/svcs/adultlit/adult-basic-education.html
Texas Center for Advancement of Literacy and Learning
REQUIREMENT 6 – CRIMINAL ISSUES
Not have been convicted of
a felony offense
a "significant” misdemeanor offense, or
3 or more non significant misdemeanors, or
pose a threat to national security or public safety;
DWI
Domestic Violence
Theft?
Controlled Substance Violations ?
REQUIREMENT 7 -PRESENCE
Presence in U.S. on June 15, 2012 is required.
http://abcnews.go.com/Politics/video/chelsea-clinton-hilary-clinton-glass-ceilings-event-teenage-23379811
WHO CAN FILE FOR THE DEFERRED ACTION?
The deferred action is available to:
those in immigration proceedings
those with final removal orders
those who apply affirmatively.
NATIONAL DACA NUMBERS
States With Highest Numbers
State Accepted
Approved
California 174,241 153,571
Texas 100,061 83,226
New York 33,936 30,008
Florida 25,720 20,565
Arizona 21,625 18,981
DACA is transforming young lives.
DACA Quarterly Report 2/6/2014 – U.S. Citizenship & Immigration Services
DACA NUANCES
DACA may be granted despite existing grounds of inadmissibility or deportability
Criminal grounds False Claims or other Misrepresentation 3- and 10- year Bars Other grounds of Inadmissibility
CRIMINAL GROUNDS
DACA
Felony /Significant Misdemeanor
DWI
Domestic Violence
Immigration Law
CIMTs
Possession of Controlled Substance
3- AND 10- YEAR BAR
DACA
Stops accrual of unlawful presence
File while under 18 y/o
File ICE renewals
Immigration Law
Unlawful presence may be triggered
Advance Parole
REMOVAL, VR ORDERS
DACA
Qualified to apply for DACA notwithstanding removal order but review continuous presence
Immigration Law
Remain subject to court jurisdiction and need for filing motion to reopen for filings beyond DACA
DACA & ADJUSTMENT OF STATUS
Adjustment of Status with DACA
Matter of Arrabella and Yerabelly, 25 I & N Dec. 771 (BIA 2012)
Two adjustment applicants left pursuant to advance parole after accruing more than one year of unlawful presence. BIA held that advance parole saved them from the sting of the unlawfulp presence bar and reversed U.S. C.I.S. determination.
Same reasoning apply for those with DACA who travel abroad pursuant to advance parole?
ANATOMY OF A DACA
Ben comes to see you for an immigration consultation concerning an I-130 his dad filed on his behalf.
Facts:
Dad is a LPR
Ben’s DOB: June 15, 1981
Ben entered in 2002
With inspection
Went to school
But could not pass the exit exam
Returned to Mexico
CASE OF BEN
Ben came back to US Ben returned to US on June 1, 2007
Received a high school diploma
Ben pled guilty to possession of marijuana in 2007
Ben worked at Baskin Robbins
Ben has a girlfriend who is a LPR and has a child
ANATOMY OF A DACA
Does Ben qualify for DACA?Could Ben become eligible? How does Ben’s immigration & criminal history impact his case?
MOVING FORWARD WITH DACA
Employment rights
Driver’s license
Social Security Cards
Credits under EITC
US CIS RENEWAL PROCESS
New dual use form due out in late May 2014
www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process
File the revised version of Form I-821D,Form I-765, I-765WS, Worksheet
New Dual-use form for both initial and renewal filers and will contain modified questions pertaining to each situation.
US CIS RENEWAL PROCESS
Submit DACA renewal request package approximately 120 days (or 4 months) before current period of DACA expires. Requests made earlier than 150 days (or 5 months) before that expiration date to be rejected.
Only need to submit new documents pertaining to removal proceedings or criminal history not already submitted to USCIS.
No need to re-submit documents already submitted with previous DACA request that was approved
US ICE RENEWAL PROCESS
Need for renewal with complete packet before expiration to avoid accrual of unlawful presence
BARRIERS TO APPLYING FOR DACA
Possible Barriers:
Lack of Information on DACA Misinformation on DACA Requirements Access to legal aide Concern of Deportation for themselves and loved ones Lack of parental permission Difficulty to Afford Filing Fees Societal Stigma Waiting for immigration reform Other Reasons
AILA ADVOCACY
Upcoming “Texas DACA Day” on August 16th – Participate in legal
clinics throughout the state of Texas
Stay informed starting in May 2014 @
http://texaslawhelp.org/resource/deferred-action-for-childhood-arrivals-free-l?ref=Nbj9u
and Univision webpage: www. univisiondallas.com.