I-821 DEFERRED ACTION FOR CHILDHOOD ARRIVALS

INTRODUCTION

The I-821D Consideration of Deferred Action for Childhood Arrivals (DACA) is a result of President Obama's 2012 executive order allowing for certain young individuals to enjoy discretionary relief by the Department of Homeland Security and receive work permits to legally work in the United States without the threat of deportation despite their lack of papers. Thus, individuals who receive deferred action, or DREAMers as they are often called, will not be placed into removal proceedings or removed from the United States. At Tsang & Associates, we have assisted clients of different complexity obtain their work permit within 3 months. Our attorneys will assess your circumstances and assist you in meeting the requirements. Consultations are free and we look forward to speaking with you.


SERVICES

We will prepare an attorney cover letter along with all forms and supporting documents for the DACA application, including:

  • Reviewing your personal circumstances to confirm that the DACA is appropriate for you
  • Assistance with Renewal Process
  • Contact School or Employer
  • Writing Affidavits
  • Assistance with Travel

In short, we provide a start to finish service. Your case is safe with us until the case is complete. 

PAYMENTS

Legal Fee $1,500

Free Consultation

*Legal Fees vary based on complexity of each case, and the above quoted price represents the amount we charge for a typical case. 


ADDITIONAL INFORMATION

According to the Secretary of Homeland Security, Janet Napolitano, the June 15th Memorandum on DACA was put in place so that the law enforcement resources of the U.S. were not expended on low-priority cases. Furthermore, the Obama Administration concluded that, since individuals eligible for this policy change were brought to the United States as children, they were too young to have any intent to violate U.S. immigration law and should not be set as targets for deportation as they are otherwise law-abiding individuals. The temporary nature of this memorandum, however, is particularly salient. The memorandum can easily be overturned by the next administration, as it was implemented via executive order, and not by Congressional law.

Requirements:

  1. Applicant must also file Form I-765, Application for Employment Authorization;
  2. Applicant must have been under the age of 31 as of June 15, 2012;
  3. Applicant must have arrived in the U.S. before reaching his/her 16th birthday;
  4. Applicant must have continuously resided in the U.S. since June 15, 2007, up to the present time;
  5. Applicant must have been present in the U.S. on June 15, 2012, and at the time of making his/her request for deferred action with USCIS;
  6. Applicant must of had no lawful status on June 15, 2012, meaning that:
    1. Applicant never had lawful immigration status on or before June 15, 2012; or
    2. Any lawful immigration status or parole that applicant obtained prior to June 15, 2012 had expired as of June 15, 2012;
  7. Applicant must either currently be in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or is an honorably discharged veteran of the U.S. Armed Forces or U.S. Coast Guard; and
  8. Applicant has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety;
  9. Applicant must be at least 15 years of age to apply.

Limitations:

  1. DACA status does not give applicants any sort of lawful status, and does not excuse the individual for previous periods of unlawful presence;
  2. It is not a path to getting permanent residence or citizenship;
  3. Individuals who receive DACA status will not be able to gain from federal benefits, such as financial aid for college;
  4. The benefits of deferred action are not transferred to immediate relatives;
  5. DACA recipients may not travel outside of the U.S. without an approved application for advance parole via Form I-131;
  6. Those who travel outside of the U.S. before USCIS has determined their status will not be considered for deferred action;
  7. Decisions on deferred action may not be appealed, reopened, or reconsidered;
  8. The deferral is good for a period of 2 years, and is subject to renewal.

Brief Departures:

A brief, casual, and innocent absence from the U.S. will not interrupt continuous residence. If absent from the U.S. for any period of time, absence will be considered brief, casual, and innocent, if it was on or after June 15, 2007, and before August 15, 2012, and:

  1. The absence was short and reasonably calculated to accomplish the purpose for the absence;
  2. The absence was not because of an order of exclusion, deportation, or removal;
  3. The absence was not because of an order of voluntary departure or an administrative grant of voluntary departure before placed in exclusion, deportation, or removal proceedings;
  4. The purpose of the absence and/or actions while outside of the U.S. were not contrary to law.

Renewal Requirements:

  1. Applicant did not depart the U.S. on or after August 15, 2012 without advanced parole;
  2. Applicant has continuously resided in the U.S. since he/she submitted his/her most recent request for DACA that was approved up to the present time; 
  3. Applicant has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety.

Renewal applicants should only submit new documents if they are currently in exclusion, deportation, or removal proceedings; or if they have been charged with, or convicted of, a felony or misdemeanor.


CHECKLIST

In order to provide you with the best and most accurate consultation, we recommend that you bring as many of the following information/documents as you can to ensure a productive meeting.

  1. Documents establishing physical presence in the U.S., such as:
    1. School transcripts/records
    2. Children's Birth Certificates
    3. Certificate of marriage in the U.S.
    4. Medical records
    5. Tax records
    6. Utility bills
    7. Collection notices
    8. Credit card receipts
    9. Employment records
    10. Money orders
  2. Documents proving identity, such as:
    1. Passport
    2. Birth Certificate
    3. National identity document from your country of origin bearing your photo and/or fingerprint
    4. Driver's license
    5. School-issued form of identification with photo
    6. Military identification document with photo
    7. State issued photo ID showing date or birth
  3. Documents proving that you came to the U.S. before your 16th birthday, such as:
    1. Passport with an admission stamp indicating when you entered the U.S.
    2. Form I-94, I-94W, or I-95
    3. Any Immigration and Naturalization Service or DHS document stating your date of entry
    4. Travel records
    5. Official records from a religious entity in the U.S. confirming your participation in a religious ceremony