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USCIS Announces It Has Begun Accepting New DACA Applications!
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POSTING DATE: December 8, 2020
Late yesterday, December 7th, the USCIS announced that it will comply with the order issued by Judge Nicholas George Garaufis of the U.S. District Court for the Eastern District of New York, to begin accepting new DACA applications as of December 7, 2020.
Late Posting on USCIS Website December 7, 2020:
“Deferred Action for Childhood Arrivals: Response to December 4, 2020, Order in Batalla Vidal, et al. v. Wolf, et al., 16-CV-4756 (NGG) (VMS) (E.D.N.Y.) and State of New York, et al. v. Trump, et al., 17-CV-5228 (NGG) (VMS) (E.D.N.Y.).
On November 14, 2020, Judge Nicholas George Garaufis of the U.S. District Court for the Eastern District of New York issued an opinion regarding the July 28, 2020 memorandum signed by Acting Secretary Chad F. Wolf. On December 4, 2020, Judge Garaufis required the Department of Homeland Security (DHS) to take certain actions to implement his November 14 opinion. As a result, effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:
•Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order; •Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order; •Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order; •Extending one-year grants of deferred action under DACA to two years; and •Extending one-year employment authorization documents under DACA to two years.
USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under the Wolf Memorandum.”
Young Immigrants who meet the DACA requirements can begin to apply for DACA status and work authorization. To qualify, you must:
1) be between ages 15 and 30 as of June 15, 2012;
2) have come to the US before age 16,
3) have been in the U.S. continuously for at least 5 years before June 15, 2012, meaning by at least June 15, 2007 or before
4) have been in the U.S. as of June 15, 2012,
5) be currently be in school (any middle, high school, GED, college or tech school), or have graduated from high school, have GED or be honorably discharged and
6) have not have been convicted of a Felony offense, major or multiple Misdemeanors
Those who qualified under the program received two year DACA status, a Work Authorization card, a Social Security Card, eligibility to apply for a Driver’s License, and the right to attend college and serve in the military.
Applicants who meet the qualifications should complete forms: I-821D, I-765 and I-765W and be very careful to provide extensive documentation to prove eligibility, including:
-Criminal Documents (if you have EVER been arrested or detained) Certified copies of the following for any and all instances in which you were arrested for any reason:
a. Police Reports
b. Court Dispositions
- Copies of Additional Documentation to prove that you have resided in the U.S. since June 15, 2007, have remained physically here since that time and were in the U.S. on June 15, 2012. Documents should cover the entire period from 2007 to present to prove that you have remained inside the U.S. and typically include:
In date order:
Copy of school transcripts
Copy of school report cards/Awards/Certificates
Copy of Marriage Certificate(s) for all marriages in the U.S.
Copy of Divorce Certificate(s) for all divorces in the U.S.
Copy of Driver’s License(s)
Copy of Paystubs/Work Records showing dates of employment (not just letter from employer)
Copy of Bank Statements showing activity
Copy of Tax Returns (if you have a SS or ITIN#)
Copy of Lease & Rental Payments
Copy of Cell Phone Bills
Copy of Utility Bills
Copy of Gym or other memberships
Copy of credit or installment payments (if you have a SS or ITIN#)
Copy of automobile insurance
Copy of automobile registration & title
Copy of medical/dental/hospital records
Copy of health insurance
Copy of vaccination records
Copy of Receipts for items purchased
Copy of Church & Club Memberships
Copy of BJ’s, Costco & other similar Cards
Any other document of any kind to prove that you have been living inside the U.S.!!!!!
Affidavits from Family, Co-workers, Friends, Pastors/Ministers/Priest, important members of the community such as police, mayor, School Principle, etc. (we will provide a sample). Note that Affidavits from family members are not given much weight, so try to provide those from non-family members whenever possible.
Our Firm can assist DACA applicants in submitting new and renewal applications.
For more information, give us a call at: 954-382-5378.
-Two (2) Passport photos for Work Permit with name printed on back
-Copy of Birth Certificate (with English translations if in a foreign language) or Passport showing date of birth
-Copy of I-94 Card or Passport Stamp (if entered legally)
-Copy of Educational Documentation
a. Copy of Diploma(s) or GED certificate or Receipt for Current enrollment in GED prep
b. Copy of School Transcripts for all years attending school in the U.S. (in date order)