Pursuant to a June
15, 2012, memorandum from Secretary of Homeland Security Janet Napolitano,
individuals who came to the United States before they were 16 years of age and
who meet certain other conditions will be considered for relief from removal from
the country or from being placed into removal proceedings. Those who can prove
through verifiable documentation that they meet the criteria will be eligible
to receive deferred action, on a discretionary, case-by-case basis,
for a period of two years, subject to renewal, and will be eligible to apply
for work authorization. This process is being referred to as Deferred Action
for Childhood Arrivals (DACA). NAFSA
applauds this step, as it has
long advocated that DHS should establish an official deferred action policy
for DREAM Act-eligible individuals. NAFSA's Connecting Our World grassroots advocacy community has been instrumental in urging
the administration to resolve the plight of undocumented students and to undertake
much-needed comprehensive reform of U.S. immigration policy.
USCIS Engagement With Educational Institutions on August 28
: U.S. Citizenship and Immigration Services (USCIS) has invited representatives from educational institutions to participate in a targeted conversation on the deferred action for childhood arrivals process and issues pertaining to schools. The conversation will take place on Tuesday, August 28, 2012 from 2:00 pm to 3:30 pm. Eastern. To attend visa telephone, contact the USCIS Public Engagement Division at Public.Engagement@uscis.dhs.gov by August 27, 2012, and reference the following in the subject line of your email: "Education – Phone." Please also include your full name and the organization you represent, if any, in the body of the email.
According to USCIS, starting August 15, 2012 you may request DACA consideration
if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to
the present time;
- Were physically present in the United States on June 15, 2012, and at the
time of making your request for consideration of deferred action with USCIS;
- Entered without inspection before June 15, 2012, or your lawful immigration
status expired as of June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion
from high school, have obtained a general education development (GED) certificate,
or are an honorably discharged veteran of the Coast Guard or Armed Forces
of the United States; and
- Have not been convicted of a felony, significant misdemeanor, three or more
other misdemeanors, and do not otherwise pose a threat to national security
or public safety.
- Are at least 15 years of age at the time of filing for deferred action (although
you do not need to be 15 years of age or older at the time of filing your
request if you are in removal proceedings, have a final removal order, or
have a voluntary departure order).
Additional information and application forms are available on the USCIS Deferred Action page, www.uscis.gov/childhoodarrivals. Beginning August 15, 2012, applicants can mail their requests to specified
USCIS lockbox facilities. The basic application consists of three forms,
a fee of $465, and probative documentation that clearly establishes eligibility
for deferred action benefits. The forms are:
-
Form I-821D,
Consideration of Deferred Action for Childhood Arrivals (view form instructions
here);
-
Form I-765, Application
for Employment Authorization (view form instructions here);
and
-
Form
I-765WS, Form I-765 Worksheet, to establish the economic need for requesting
employment authorization
Applicants can also choose to be notified that their
forms have been accepted by filing Form
G-1145, E-Notification of Application/Petitioner Acceptance. After USCIS
determines the completeness of the filing it will send a receipt notice to the
applicant, begin a background check, and send an appointment notice for the
applicant to appear at a USCIS Application Support Center (ACS) to have biometrics
collected.
Caution. This is a discretionary benefit for individuals who
would otherwise be removable from the United States. USCIS will decide applications
on a case-by-case basis. Although student advisers may wish to be generally
aware of how the program works, individuals who wish to assess their eligibility
or to apply for DACA benefits should be counseled to consult an experienced
immigration lawyer or recognized/accredited
organization or representative for legal advice or for legal assistance
in applying for this benefit. Individuals who believe they are eligible should
also be aware of immigration scams. USCIS urges individuals to visit www.uscis.gov/avoidscams
for tips on filing forms, reporting scams and finding accredited legal services.
Advisers may also want to direct people to the American Immigration Lawyers
Association's (AILA) AILA
Consumer Advisory: Deferred Action for Certain Young Immigrants: Don’t Get Scammed!
Resources
Government Resources
Other Resources