Tel: 925.520.5195 Fax: 925.369.7222 s pojmie @nasirilaw.com www.nasirilaw.com

1. Tel: 925.520.5195 Fax: 925.369.7222 spojmie@nasirilaw.com www.nasirilaw.com 6200 Stoneridge Mall Rd Suite 300 Pleasanton, CA 94588

2. Deferred Action for Childhood Arrivals DACA – What is it? • Department of Homeland Security decision not to deport or initiate deportation proceedings against an undocumented person • Case given a low priority for deportation enforcement • Can only be given by Department of Homeland Security, not the Immigration Judge • Valid for two years and can be renewed • Available to both people in deportation proceedings and affirmative applications Does Not Lead to Permanent Residence Status

3. Benefits of Deferred Action for Childhood Arrivals • If application is approved, a written assurance that person will not be deported • Undocumented person will not accrue “unlawful presence” – If other benefits available in future • Work authorization eligibility (EAD) - Application requires showing economic necessity • EAD is valid for 2 years and renewable if deferred action is renewed

4. Benefits of Deferred Action for Childhood Arrivals • If EAD granted, obtain Social Security Number • May qualify for state drivers license - (varies state by state) • May qualify for in-state tuition • May qualify for loans and grants Does Not Allow Eligibility for Federal benefits such as (Medical, SSI, TANF, Food Stamps)

5. DeferredActionEligibility To Be Considered For Deferred Action for Childhood arrivals, You Must Have: • Entered the United States before age 16 (before June 15, 2007) • Under the age of 31 as of June 15, 2012 (Ages 15 – 31) • Have continuously resided in the U.S. for 5 years (June 15, 2007) • Were physically present in the U.S. on June 15, 2012 • Currently in school, have graduated from high school, or obtained a GED, or been honorably discharged from the Coast Guard or U.S. Armed Forces

6. DeferredActionEligibility • Have not been convicted of: - Felony - A significant Misdemeanor - Three or more minor misdemeanors • Do not pose a threat to National Security or Public Safety

7. Proof of Eligibility for DACA • Applicants must have biometrics and back ground checks • Show proof of entry to the U.S. before age 16, physical on June 15, 2012 and 5 years of residence in U.S. • Proof of current enrollment in school, graduation from high school or GED include: • Diplomas • School transcripts • GED certificate • School Report Cards • Proof you came to U.S. before 16th birthday (Passport, Form I-94/I-95/I-94W, Travel/Medical records, school records, employment records, military records, church records)

8. Bars to Deferred Action IF YOU HAVE CRIMINAL HISTORY, GATHER DOCUMENTS NOW AND CONSULT WITH AN EXPERIENCED IMMIGRATION ATTORNEY • Have not been convicted of: • Felony offense • A significant misdemeanor offense, (Sentence includes) - suspended sentence - deferred adjudication - deferred sentence • Multiple misdemeanor offenses • Or otherwise pose a threat to national security or public safety • Juvenile delinquency adjudications are not convictions under immigration laws, but many minors are prosecuted as adult • “Bad Acts” that currently trigger removal include: prostitution, drug trafficking, drug abuse or drug addition, violations of no-contact orders

9. Bars to Deferred Action – National Security Threat & Public Safety • Gang Membership: • DHS will look at membership vs. association • ICE will rely on local police or police gang units • Participation in Criminal Activities: • Admitting criminal activities- admissions in criminal records, police or rap sheet

10. Deferred Action Risks • Denial of application has a possibility to receive a“notice to appear or deportation order • Police or court records have a higher chance of possible deportation • Criminal convictions that trigger mandatory detention: Controlled substances, Crimes of moral turpitude, aggravated felonies • Make sure legal advice is from a reputable attorney DHS, can change the policy at any time, without notice, and no enforceable rights are given to the applicant with Deferred Action.

11. Important Information • Organize documents and try to find one for every three months in the past year • Obtain permission from USCIS and consult a legal professional on how traveling can affect you • Update status with USCIS if you changed your address so that any notifications regarding your application can reach you

12. FEES • $380 Employment Authorization Application Fee • $85 Biometrics fee • Total: $ 465, every two year No Fee Waivers Are Available

13. AVOID SCAMS BY……. • Get an expert immigration attorney consultation at a nonprofit organization or with other experienced and reputable licensed immigration attorneys • Immigration Consultants are not allowed to give legal advice, and are not experts • Only Licensed Attorneys and accredited representatives can give you a legal consultation

14. Other Resources for DACA childhoodarrivalsThe information on this page is available in both English and Spanish. FAQs and answers. www.uscis.gov/childhoodarrivals The information on this page is available in both English and Spanish. FAQs and answers. www.weownthedream.org – Online Eligibility Screening Tool and nationwide referral directory for non profit organizations. www. Cliniclegal.org - Catholic Legal Immigration Network, Inc. www.aila.org- American Immigration Lawyer’s Committee (AILA) – Online Eligibility Screening Tool

15. Tel: 925.520.5195 Fax: 925.369.7222 spojmie@nasirilaw.com www.nasirilaw.com 6200 Stoneridge Mall Rd Suite 300 Pleasanton, CA 94588