Tennessee Attorney Helps You Understand What The
Immigration Service Said About the Filing Process for
Dream Act Deferred Action!
On August 14, 2012, the U.S. Citizenship Immigration Service held a conference call to announce the filing process for Dream Action Deferred Action for Childhood Arrivals (“DACA”) which begins on August 15, 2012.
Alejandro Mayorkas, Director of USCIS explained the process and forms for filing.
“Forms I-821d, I-765 and I-765ws, the filing fee of $465 (includes biometrics) and all required documentation must be filed concurrently, explained Mayorkas.”
Educational requirements guidance and other information was made public today at www.uscis.gov .
USCIS further explained that children in removal (deportation) proceedings may apply if the respondent is under age 15, but that all others must be between the ages of 15-30 to qualify for DACA. Additionally, Mayorkas explained that each applicant must prove: physical presence in the United States from before age 16, proof of graduation from, or enrollment in schools towards a high school diploma or GED (or state equivalency) , no “significant misdemeanors or 3 misdemeanor convictions, no felonies among other criteria.
After initial review of the filing, an appointment will be made to appear at the USCIS ASC office which can be rescheduled. Failure to appear at the initial appointment without rescheduling may result in a denial due to abandonment, Mayorkas stated.
Once a case is approved the USCIS will send a notice of decision and an employment authorization card to the applicant (sent separately).
What is important to remember is that The Dream Act has not been passed and that the DACA could be cancelled by a subsequent administration.
Sean Lewis is a Tennessee Immigration Attorney and member of AILA who may be reached at (866) 892-9264.