Immigration Visa Attorney Blog

This will be the third blog in our series on Consideration of Deferred Action for Childhood Arrivals. After an examination of the program as a whole (LINK) and some of the program's specific guidelines (LINK), we will now take a look at the documentation needed to demonstrate for the United States Citizenship and Immigration Services (USCIS) that guidelines have been met.

For proof of identity, an applicant must be able to submit one of the following: A passport/national identity document from the country of origin; a birth certificate with photo ID; a school or military ID; or a U.S. government immigration document containing both name and photo. For proof of immigration status the USCIS will accept a Form I-94/I-95/I-94W with authorized stay expiration date; final order of exclusion or deportation as of June 15, 2012; or a charging document which places the applicant into proceedings for removal.

Records from U.S. schools attended, travels records, Form I-94/I-95/I-94W, immigration documents from the DHS or INS stating date or entry or hospital records can be used to prove an applicant came to the U.S. prior to the age of 16.

Continue reading "Consideration of Deferred Action for Childhood Arrivals - Part III" »

In our last blog, we provided an overview of the process of Consideration of Deferred Action for Childhood Arrivals (LINK). As mentioned, the two-year deferment is available to those who came to the United States as children, have not committed serious criminal offenses and who meet certain guidelines. In this blog we will look at those guidelines.

For starters, there are several important dates to keep in mind. As of June 5, 2012, perspective deferment applicants must have been under the age of 31. They must also have come to the U.S. before their 16th birthday and must have resided in the country, continuously, from June 15, 2007, to the present time. To be considered, applicants must have entered without inspection prior to June 15, 2012 or have had their lawful status expire as of the same date.

There is also an educational component to the deferment process. In order to be considered, an applicant must be: currently enrolled in school; have completed their GED; or be an honorably discharged veteran of the U.S. Armed Forces or Coast Guard.

Continue reading "Consideration of Deferred Action for Childhood Arrivals - Part II" »

The Department of Homeland Security (DHS) continues to focus its immigration enforcement efforts on the removal of two types of individuals: 1. Those who pose a threat to national security, and 2. Those who are a risk to public safety, such as violent criminals, felons, and repeat offenders. DHS does not want to expend resources on low priority cases, such as individuals who came to the United States as children, have not committed serious crimes, and who meet certain guidelines. This is where the process of Consideration of Deferred Action for Childhood Arrivals comes in.

While this deferral does not confer lawful status upon an individual, nor excuse an individual from previous or subsequent periods of unlawful presence in the United States, the Deferred Action for Childhood Arrivals gives an undocumented individual some allowances. That is, under existing regulations an individual who has obtained this deferral, which lasts for two years, is eligible to receive employment authorization for the period of deferred action, provided the person in question can demonstrate "an economic necessity for employment." Additionally, it also allows the individual to attend school.

Continue reading "Consideration of Deferred Action for Childhood Arrivals - Part I" »