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  • Do You Qualify For Expanded DACA?

    Posted on January 28, 2015 by in Uncategorized

    The President’s Immigration Announcement

     UNFORTUNATELY THIS PROGRAM IS ON HOLD WHILE LITIGATION IS PENDING IN THE 5TH CIRCUIT COURT

    Do you qualify for Expanded Deferred Action?

     

    Finally we have news that Expanded DACA applications will likely be accepted by USCIS (Immigration) on February 18, 2015.

     

    Do you qualify for Expanded DACA?

     

    These are the requirements:

     

    1. You entered the United States before turning 16 years of age.
    2. You have continuously resided in the USA since January 1, 2010.
    3. You were physically present in the USA on June 15, 2012 & when requesting Deferred Action
    4. You had no lawful status on June 15, 2012
    5. You are currently in school, have graduated high school or received a GED certificate or you are an honorably discharged veteran
    6. You have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors.

    ++Consult with a lawyer before filing if you have a criminal record. We have seen USCIS accept an expunged DUI, an expunged domestic violence offense: both were misdemeanors. Generally, a dui or domestic violence offense will likely disqualify you. Please seek the advice of a lawyer.

    1. You do not pose a security risk.

     

    Fee: $465 made payable to USCIS or Department of Homeland Security

     

    What does Expanded DACA give you?  

     

    Once approved for Expanded DACA, you will have a work permit that is valid for 3 years.  You will be able to obtain a valid social security number and you should be able to obtain a state driver’s license (if you meet all DMV requirements).

     

    Will the work permit be renewable after 3 years?

    At this time, we do not know.  It depends on who will be elected President in 2016 and whether Congress takes up this issue in the next 3 years to make an actual change in law.

     

    What if I have a dui on my record?

     

    If you have any criminal conviction, you should seek the advice of any attorney before filing documents with USCIS (Immigration) to avoid deportation/removal.

     

    Documents needed

    (If you come to our office for an appointment regarding DACA or DAPA, please bring these documents with you.  If you don’t have the documents for the first consultation, that is okay).

     

    1. 2 passport style photos
    2. identity document: even if it is expired (such as a driver’s license, passport, consular ID card, school ID card)
    3. birth certificate
    4. proof that you are currently in school: your current school schedule or high school diploma, ged certificate or proof of honorable discharge for the military
    5. Your certified school transcripts
    6. Vaccination records
    7. Monthly bank statements since January 1, 2010
    8. Taxes (typically without W2)
    9. Any receipts that prove presence: medical receipts, rental/mortgage receipts, money transfers, cell phone bills, proof of children currently in school & as a last resort – declarations from those that know you have been in the USA since January 1, 2010 and since before your 16th birthday

    (Note: We have had USCIS accept monthly bank statements from date of required presence to present as proof of presence. It’s not just one document that USCIS wants to see – you need as much proof for each month that you have been in the USA since Jan. 2010)

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