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Deferred Action: What Your Need to Know

http://www.shusterman.com This presentation explains how to qualify for President Obama's Deferred Action Program (DACA). Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html Persons wishing to apply for the "deferred action for childhood arrivals" (DACA) program must meet each of following criteria: 1. They must have come to the US prior to their 16th birthday; 2. They must have continually resided in the US for at least 5 years immediately before June 15, 2012 and must be present in the US on that date; 3. They must have entered the US without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012; 4. They must currently be in school, have graduated from high school, obtained a general education (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; 5. They cannot have been convicted of a felony offense, significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and 6. They must be under the age of 31 on June 15, 2012. For more information, please our Deferred Action (DACA) page at http://shusterman.com/obamadeferredactiondreamers.html

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Deferred Action: What Your Need to Know

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  1. Deferred Action: What You Need to Know Immigration Attorney Carl Shusterman

  2. What is DACA? • Not a Law, Does Not Lead to Green Card or U.S. Citizenship • Not the DREAM Act • DHS Prosecutorial Discretion • Deferred Action for Childhood Arrivals

  3. Who is Eligible to Apply? • Under age 31 on June 15, 2012 • Came to U.S. before 16th Birthday • Resided Continuously in the U.S. since June 15, 2007 • Physically Present in the U.S. on June 15, 2012 and on the Day Application is Made

  4. Who is Eligible to Apply? • EWI or Overstay before June 15, 2012 • In School, Complete High School or GED, or Military Veteran • No Conviction of Felony, Significant Misdemeanor, or 3 Misdemeanors

  5. Immigration Forms • Forms • I-821D, Consideration of DACA • I-765, Employment Authorization • I-765 Worksheet • Fee: $465 • DACA and Work Permit • Travel Permits Only in Limited Circumstances • Background Checks

  6. Absences from U.S. Permitted • Brief, Casual, and Innocent • Not Due to Deportation, Exclusion, or Removal Proceedings • Not for an Unlawful Purpose

  7. Criminal Convictions • Felony only if Punishable by Term of Imprisonment Exceeding One Year • Significant Misdemeanors Include Crimes of Domestic Violence, Sexual Abuse or Exploitation, Burglary, Unlawful Possession or Use of a Firearm, Drug Distribution or Trafficking, DUI or where Sentence was for 90+ days

  8. Criminal Convictions • 3 Misdemeanors • Traffic Violations including Driving without a License are not Misdemeanors • Expunged or Juvenile Convictions are not Necessarily Disqualifiers • Public Safety Threat – May Include Gang Membership or Criminal Activities

  9. Acceptable Evidence • Official Records: Financial Records, Medical Records, School Records, Employment Records, Military Records, etc… • 2 or More Affidavits May be Acceptable to Close Gaps in Documenting in Continuous Residence and Physical Presence Requirements • Affidavits not Acceptable to Prove Other Requirements • Circumstantial Evidence

  10. Removal Proceedings and Detention Bars • Persons in Removal Proceedings May be Eligible under DACA • Persons with Pending Applications for Relief from Removal Okay • Persons in Detention Need to Apply for DACA with ICE, not USCIS

  11. What if an Application is Denied? • No Appeal • No Motion to Reopen or Reconsider • Review of Certain Denials Based on RFEs Permitted • Reapply?

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