Deferred action presentaion (4)

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Deferred action presentaion (4)

  1. 1. Consideration of Deferred Action for Childhood ArrivalsMarco ValadezUndergraduate StudentUniversity of Southern California
  2. 2. What is this Presentation for?• IMPORTANT – THIS IS FOR INFORMATIONAL PUPOSES ONLY• Deferred Action by President Obama – http://www.youtube.com/watch?v=- HrdqBSaVz8&feature=related• By USCIS – http://www.uscis.gov/portal/site/uscis/menuitem.eb1 d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3a4db c4b04499310VgnVCM100000082ca60aRCRD&vgnextc hannel=3a4dbc4b04499310VgnVCM100000082ca60a RCRD
  3. 3. What am I going to talk about?• What is Deferred Action for Childhood Arrivals• What Deferred Action is NOT• Who Qualifies for Deferred Action – Qualifiers – Disqualifiers• Benefits and Risks• Application Process• Who can you contact for help• References• Questions
  4. 4. What is Deferred Action for Childhood Arrivals?• Background: On June 15, 2012 – President Obama announced his executive order – Extended Deferred Action to “DREAMERS”• Allows certain individuals to request CONSIDERATION of deferred action from United States Citizenship and Immigration Services (USCIS)• Individuals who qualify – Will Not be place into removal proceedings – Will Not Be Removed from the United States – Will Be Eligible for employment authorization
  5. 5. What is Deferred Action for Childhood Arrivals?• Provides TEMPORARY Relief from Deportation• Allows someone to apply for Work Authorization• It is TEMPORARY – Proposed: 2 year + Renewable• Not a pathway to Citizenship• Will NOT allow you to travel out of the U.S.
  6. 6. What is Deferred Action for Childhood Arrivals?• TEMPORARY Relief from deportation• Work Authorization – Allows you to apply for a work permit • Social Security number • Drivers License
  7. 7. What Deferred Action is NOT• NOT a Visa – DOES NOT allow an individual to travel out of the U.S.• NOT Permanent Residency/Green Card• DOES NOT provided a pathway to citizenship• NOT the DREAM Act – This is a legislation
  8. 8. Who Qualifies for Deferred Action• REQUIREMENTS: – Individuals must have been to the United States BEFORE reaching their 16th birthday – Can NOT be over 30 yrs. – Must have been Present and Have LIVED in the U.S. • What does this mean?
  9. 9. Present and Have LIVED in the U.S.• Present in the U.S. – On June 15, 2012 • Must provide proof• Continuously Resided in the U.S. for 5 yrs. Prior – 6/15/07  Date of Application • IF you left the U.S, trip must be “brief, causal, innocent” – Breaks in Continuous Residency • Order of Deportation • Granted Voluntary Departure • Contrary to Law
  10. 10. Who Qualifies for Deferred Action?• REQUIREMENTS: – Education OR Military Service • Graduated from High School OR Attending OR Have a GED • Honorably Discharged – Do NOT Have a SIGNIFICANT Criminal Record • What are the types of criminal convictions that would disqualify
  11. 11. Who Qualifies for Deferred Action?• DISQUALIFIERS: – Single Felony Conviction – SIGNIFICANT Misdemeanor • Violent Offense, Sex Offense, Fraud, Theft, Drug Offense, Fire Arms Offense, Obstruction of Justice, Fleeing from an Officer • DRUNK DRIVING! – Multiple Misdemeanors • 3 or More Not on the Same Day – DISCRETION • Anyone who has had contact with law enforcement
  12. 12. Deferred Action Automatic Disqualifiers• Single Felony Conviction – Federal Definition: Any Offense Punishable by 1 yr. in Imprisonment• Significant Misdemeanor – Federal Definition: An Offense with a Term of Imprisonment Greater Than 5 Days, Not More Than 1 yr. (365 days) • Domestic Violence, Sexual Abuse, Burglary, Drugs, Unlawful Fire Arm, DRUNK DRIVING • Served Jail Sentence More Than 90 Days• 3 + Non-Significant Misdemeanors – Minor Traffic Offense is NOT Considered a Misdemeanor• DISCRETION
  13. 13. Discretion May Be Used If…• Gang Member/Gang Affiliation• Lengthy Arrest Record• Expunged Criminal Record or Juvenile Record
  14. 14. If Someone Has Criminal Conviction(s)• Someone with a Criminal Record should – Always Consult w/ an Immigration Atty.• Provisions Can Lead to Automatic DEPORTATION• Your case will be less sympathetic to the government
  15. 15. Applying for Deferred ActionBenefits Risks• Temporary Relief from • Notifies the Government Deportation that you are in the U.S.• Stops a person from • Program is TEMPORARY accruing “unlawful – Removal proceeding re- presence” initiated• Work Permit • CONSULT WITH AN – Social Security Number IMMIGRATION ATTORNEY – Drivers License
  16. 16. Deferred Action Application Process• Biometrics – Fingerprint/photo  $85 fee• Background Check – Criminal History• Applying for Work Authorization  $380 fee – There is a waiver but government says will only waive in extreme cases• TOTAL FEE: $465• There will be NO APPEAL
  17. 17. Deferred Action Application Process• Must Submit USCIS – Form I-821D, Consideration for Deferred Action for Childhood Arrivals – Form I-765, Application for Employment Authorization – Form I-765 WS, Worksheet, establishing your economic need for employment – Form G-1145, E-Notification of Application/Petition Acceptance (Only if you want an Email)• File at USCIS Lockbox• USCIS Will Send you Receipt• USCIS Will Send an Appointment Notice
  18. 18. Deferred Action Application Process• Updated Facts – The Huffington Post Reported on 9/11/12 • Obama Adm. Approves First Group of Deferred Action Applicants • Roughly 72,000 current applications received – A small group has been approved (no number given) • Average wait time is 4-6 month
  19. 19. Needed Documents / Preparing• Consult with an Immigration Attorney• Stay out of TROUBLE• Gather Evidence: – Birth certificate or passport – Lease/Mortgage – School or medical records – Employment records – Military records
  20. 20. Contacts• United States Citizenship and Immigration Services (USCIS) – (800)375-5283• Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) – (213) 353-1333 – www.chirla.org – Application Assistance Clinic: Saturday, September 22 at 10:00 am – 4:30 pm• Marco A. Valadez – (626) 290-2514 – Email: mvaladez@usc.edu
  21. 21. References• United States Citizenship and Immigration Services – www.uscis.gov• STRAUB: Immigration Abogados De Inmigracion – www.sraubimmigration.com
  22. 22. What did We Talk About?• Overview of D.A.• Preparation• Risks• REMINDER: This is just an informational presentation – If you are planning to apply you must CONSULT WITH AN ATT
  23. 23. Questions?• Thank you for your time• Marco Valadez – Email: mvaladez@usc.edu – Phone: 626-290-2514

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