Deferred Action: What You Need to Know

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?

1. Under age 31 on June 15, 2012
2. Came to U.S. before 16th Birthday
3. Resided Continuously in the U.S. since June 15,
   2007
4. Physically Present in the U.S. on June 15, 2012
   and on the Day Application is Made

4
Who is Eligible to Apply?

1. EWI or Overstay before June 15, 2012
2. In School, Complete High School or GED, or
   Military Veteran
3. 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?