20 Important Tips When Filing a Deferred Action Application for Childhood Arrivals (“DACA”)


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20 Important Tips When Filing a Deferred Action Application for Childhood Arrivals (“DACA”)

  1. 1. 20 Important Tips When Filing a Deferred Action Application for Childhood Arrivals (“DACA”) By Coleman Jackson, PC Immigration & Tax Law Firm’s Site: www.cjacksonlaw.com Phone Numbers: English (214) 5990431 | Spanish (214) 599-0432 July 6, 2013 First and foremost, filing the correct forms with evidence substantiating your eligibility and following all of the United States Citizenship & Immigration Services (“USCIS”) guidelines and procedures are very important in order to file a successful Deferred Action for Childhood Arrivals (DACA) request. Even small mistakes, such as failing to sign the forms, could result in USCIS’ rejection of your deferred action application; and once your DACA request has been rejected, it could subject you to tremendous problems, even possible removal from the United States. Following these filing tips could increase the likelihood of a successful DACA filing: 1. Always make sure that you have current version of the application forms while submitting your request with USCIS. You can download latest USCIS forms and fee instructions at www.uscis.gov/forms. 2. Mail all forms together in one package, you must submit following forms A. Form I-821D (Consideration of Deferred Action for Childhood Arrivals) B. Form I-765 (Application for Employment Authorization) C. Form I-765WS (Worksheet) 3. Use Form I-821D not Form I-821; these forms are not substitute forms. Form I-821D is used to request consideration of deferred action for childhood arrivals and Form I-821 is used to apply for Temporary Protected Status.
  2. 2. 4. Submit legal proof that you arrived in the United States before turning 16 and have resided continuously in the U.S. at for least 5 years since June 15, 2007. 5. Organize and label all required supporting documentation submitted in substantiation of your eligibility for deferred action for childhood arrival. 6. Make copies of every document you submit to USCIS. Submit all documents using a valid e-mail id or you cell phone number. USCIS will send confirmation receipt via e-mail or text message. 7. Translate all non-English documents into English. This translation must be done by someone competent or fluent in the foreign language and English. The translated document must have the proper translator certification affixed to it. 8. Sign your forms (I-821D and I-765) if someone helps you to fill out the forms, that person must also sign both Forms in the designated box below your signature. 9. To increase the likelihood that your request is accepted for processing, you must answer all the required questions completely and accurately. Tell the truth on these forms. Typically, if you were very young when you arrived in the United States, you will have to gather most of the underlying facts from your parents or other adults with personal knowledge. If any field is not applicable or the answer is “none,” leave the space blank. 10. You must write your name and date of birth in the same way on each form, variation in the written information can cause delay. Your name and date of birth as stated on your birth certificate should be used for this information, unless, your name was properly changed subsequently. Deviations here could result in long delays or rejection of your DACA request.
  3. 3. 11. If at all possible, type your answers into the form and then print it. This is the preferred method when completing the forms. If you are filling out your form by hand, use black ink only. Other types of ink do not copy (scan into USCIS systems) as well and could result in your forms being illegible. If you make mistakes when completing the form(s), please start over with a new form. Scanners will see through white out or correction tape and this could lead to the form being processed incorrectly and result in application processing delays or DACA request denials. 12. Do not E-file requests for consideration of deferred action. You must mail your package (Forms I-821D, I-765, I-765WS, evidence and fees) to the appropriate USCIS Lockbox. 13. Send Immigration fees in the form of a Money Order, by doing so you can trace the money order and ensure that the application will be processed promptly. Never send cash to the USCIS. 14. Carefully review age guidelines before filing, If you have never been in removal (deportation) proceedings, or your proceedings have been terminated, you must be at least 15 years of age or older at the time of filing your DACA request. 15. If currently you have contact with the police or had in the past, do not apply until an immigration attorney has seen and evaluated your conviction documents and all relevant criminal files and papers. 16. While you are applying, do not travel outside of the U.S., you will be not eligible for the program. 17. Any fraud and misrepresentation can trigger a denial and being placed in removal proceedings.
  4. 4. 18. Tell the truth. Don’t guess at an answer if you don’t know the answer. 19. Seek immigration advice from an immigration lawyer of your choosing pertaining to your specific factual circumstances. 20. One your application has been filed; patiently wait for USCIS’ further instructions and decision. More Information Contact: Immigration & Tax Law Firm | Coleman Jackson, PC Law Firm Site: www.cjacksonlaw.com Phone Numbers: English (214) 5990431 | Spanish (214) 599-0432