USCIS ANNOUCES “DACA” FORM DETAILS

The latest acronym for the Deferred Action Program is “DACA”, standing for Deferred Action for Childhood Arrivals”. USCIS just released the new form and instructions for this DACA Form I-821D. It is available at the USCIS website, http://www.uscis.gov/i-821d.
 
There is no filing fee for the I-821D, but it must be filed along with the Employment Authorization Request, form I-765, so the total fee for forms I-821D, I-765 and the I-765WS is $465. This fee includes a $380 form fee for the I-765 and an $85 biometric services fee.
 
California residents will file the form with the USCIS lockbox in Phoenix, Arizona.
 
Deferred Action for Childhood Arrivals allows individuals who meet specific guidelines to request consideration of deferred action from USCIS. If they receive deferred action, they will not be placed into removal proceedings or removed from the United States. 
 
Both the deferred action and the employment authorization will be valid for 2 years, renewable. Note that this process does NOT lead to a Green Card. It just offers temporary lawful status in the US.
 
Age at time of filing the I-821D: If you have never been in removal proceedings, or your proceedings have been terminated, you must be at least 15 years of age or older at the time of filing. 
 
You may request Deferred Action for Childhood Arrivals if you meet the following guidelines:
· You came to the United States before reaching your 16th birthday
· You have continuously resided in the United States since June 15, 2007, up to the present time
· You were under the age of 31 as of June 15, 2012
· You entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012
· You are currently in school, have graduated or obtained your certificate of completion from high school, have obtained your general educational development certification, or you are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
· You have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat
· You were present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS
 
Many people will ask how to provide proof of presence in the US for the five years after June 15, 2007. Applicants should check the Instructions for the I-821D to find a complete list of possible evidence. Pages 3,4 and 5 of the Instructions say what documents you can submit to show that you came to the US before your 16th birthday, what documents to show that you were in unlawful status as of 15 June 2012, and documents needed to prove that you were present in the US for five years after 15 June 2007.
 
It should be noted that there are possibly 1.76 million potential DACA applicants in the US. CIS may have greatly underestimated this number and as a result, processing of the applications may take longer than expected.
---------------------------------------------------------------------------------------------
 
Q.1. Does “currently in school” refer to the date when the I-821D is filed?
 
A.1. Yes, to be considered “currently in school”, you must be enrolled in school on the date you submit the I-821D.
------------------------------------------------------------------------------------------------
Q.2. This program requires five years’ presence in the US after 15 June 2007. Do brief departures from the United States interrupt the continuous residence requirement?
 
A.2. A brief absence from the United States will not interrupt your continuous residence requirement if the absence was short and if it was not connected with an order of exclusion, deportation, or removal.
------------------------------------------------------------------------------------------------------
Q.3. May I travel outside of the United States before USCIS has approved my
 I-821D?
 
A.3. No. After August 15, 2012, if you travel outside of the United States, you will not be considered for deferred action under this process. Later, if USCIS approves your I-821D, you will be permitted to travel outside of the United States only if you receive advance parole from USCIS.
 
 
ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru

9070 Bolsa Avenue, Westminster CA 92683 (714) 890-9933 
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888 
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388 
42 Dang Thi Nhu, P. Nguyen Thai Binh, Q1, HCM (848) 3914-7638