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  • Bloggings: DACA Weekly - August 27 by DACA Field Report Blog

    Bloggings on DACA

    by DACA Field Report Blog

    DACA Weekly - August 27

    DACA Field Report

    Here are our most recent entries from the DACA Field Report:

    If you would like to share your reports with what's going on in your community and city regarding deferred action, send them to webmaster@ilw.com.

    DACA Calendar of Events

    We have organizations ready to host workshops in the following cities: San Francisco CA, Tallahasse FL, New Orleans LA, Cambridge MA, Detroit MI, Raleigh NC, Aiken SC, San Antonio TX.

    We have attorneys already signed up to speak in the following cities: Phoenix AZ, Cerritos CA, Costa Mesa CA, Los Angeles CA, Orange County CA, Oxnard CA, San Bernardino CA, Atlanta GA, Chicago IL, Staten Island NY, Cinncinati OH, Milwaukee WI, Racine WI.

    To see our full calendar of events, including informative sessions, legal clinics and webinars, that are taking place across the nation on deferred action for childhood arrivals (DACA), see here. To submit your event, please email us at webmaster@ilw.com.

    Articles and News on DACA

    Article: ICE Agents File Suit To Block Deferred Action Initiative by Matthew Kolken

    Article: Key Factors, Unresolved Issues in New Deferred Action Program for Immigrant Youth Will Determine Its Success by Muzaffar Chishti and Faye Hipsman For The Migration Policy Institute

    Article: USCIS Won't Share the Information Provided on DACA Applications with ICE... UNLESS they decide to Deport You by Matthew Kolken

    Article: Nightmare In Arizona: Governor Brewer's Nonsensical And Mean-Spirited Executive Order Against Dreamers by Cyrus Mehta

    Article: Immigration Brainstorming And DREAMstorming by Angelo Paparelli

    Article: USCIS: Misrepresentation, Or Knowing Failure To Disclose Facts On A DACA Or Work Authorization Application Will Result In Treatment As An Immigration Enforcement Priority by Matthew Kolken

    News: BIA Amends Matter of Arrabally/Yerrabelly Decision, Holding Advance Parole Is Not Necessarily A Departure Under INA Sec. 212(a)(9)(B)(i)(II)

    DACA on Twitter

    Headline: Deferred immigration action rules could lead to increased enrollment at community colleges http://ow.ly/dbbHM
    Headline: Poll shows attitudes soften over children of undocumented immigrantshttp://ow.ly/dba13
    Headline: Host, Says Lawyers Taking DREAMer Cases Committing 'Legal Malpractice' (VIDEO) http://ow.ly/db9Wr
    Headline: Two States React in Opposition to DACA http://ow.ly/db9Sf
    Headline: Proposed Bill Would Offer Tuition Assistance Programs to Immigrants Granted DACA http://bit.ly/ORZg7u
    Headline: California driver's licenses for some undocumented immigrants flares into burning question http://ow.ly/d7tyJ
    Headline: DACA: Driver's Licenses For Undocumented Immigrants Vary By State (VIDEO)http://ow.ly/d7tdg
    Headline: Deferred Action success rooted in adoption of American protest movement tactics http://ow.ly/d9O5o

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    Filing Tips: Deferred Action for Childhood Arrivals

    We recommend that all applicants take their time to fill out the DACA applications thoroughly and fully. There is no deadline, so make sure it to get it right!

    USCIS released some useful tips which you should read before filing your DACA applications:

    Filing your request for consideration of deferred action for childhood arrivals involves several steps. You need to submit multiple forms, evidence and fees. Small mistakes in preparing your request could lead to it being rejected. Please read these tips to avoid having your request rejected or delayed because of common filing errors.

    1. Mail all forms together – You must mail the following forms in one package:
    c. Form I-765WS, Worksheet

    Read the mailing instructions to see where to mail the forms based on the state you live in. Remember to send it to the P.O. Box address if mailing through the U.S. Postal Service. All forms are available onwww.uscis.gov for free. Do not pay for blank USCIS forms either in person or over the Internet.

    2. Sign your forms –
    You must sign both your Form I-821D and Form I-765. If someone helps you fill out the forms, that person must also sign both Form I-812D and Form I-765 in the designated box below your signature.

    3. Write your name and date of birth the same way on each form –
    Variations in the way information is written can cause delays. For example, you should not write Jane Doe on one form and Jane E. Doe on another form. It is important to read all instructions on the forms carefully.

    4. Use the correct version of Form I-765 –
    Always make sure you have the most recent form when submitting your request with USCIS. Review our Forms page to download the most recent version. You can download all USCIS forms and instructions for free on our websitewww.uscis.gov.

    5. Use Form I-821D NOT Form I-821
    – Form I-821D is used to request consideration of deferred action for childhood arrivals. Form I-821 is a different form used to apply for Temporary Protected Status, an entirely different process.

    6. Do NOT e-file Form I-765 –
    Requests for consideration of deferred action cannot be e-filed. You must mail your package (Forms I-821D, I-765, I-765WS, evidence and fees) to the appropriate USCIS Lockbox.

    7. Submit correct fees –The fee to request consideration of deferred action for childhood arrivals is $465 and cannot be waived. There arefee exemptions available only in limited circumstances. You may submit separate checks of $380 and $85, or one single check of $465.

    8. Answer all questions completely and accurately –
    If an item is not applicable or the answer is “none,” leave the space blank. To ensure your request is accepted for processing, be sure to complete these required form fields:

    Form I-821D:
    Name, Address, Date of Birth
    Form I-765: Name, Address, Date of Birth, Eligibility Category

    9. Provide all required supporting documentation and evidence –
    You must submit all required evidence and supporting documentation. These documents are required for USCIS to make a decision on your request. Please organize and label your evidence by the guideline it meets.

    10. If you make an error on a form, start over with a clean form –
    USCIS prefers that you type your answers into the form and then print it. If you are filling out your form by hand, use black ink. If you make a mistake, 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 as incorrect, and lead to processing delays or denial.
    11. Carefully review age guidelines before filing – If you have never been in removal proceedings, or your proceedings have been terminated, you must be at least 15 years of age or older at the time of filing.

    You cannot be the age of 31 or older as of June 15, 2012, to be considered for deferred action for childhood arrivals.
    To ensure that your request is accepted for processing, it is important that you review your entire request package before you file with USCIS.
    Source: USCIS's The Beacon blog

    Information for DACA Applicants with Criminal Offenses

    The Immigrant Legal Resource Center has released various documents that provide information for DACA applicants (and their attorneys) who have criminal offenses. USCIS states that "If you have been convicted of a felony offense, a significant misdemeanor offense, or three or more other misdemeanor offenses not occurring on the same date and not arising out of the same act [...] you will not be considered for deferred action under the new process except where DHS determines there are exceptional circumstances."

    Due to the creation of this new classification, "significant misdemeanor offense", many questions have risen among applicants who might have infractions that might or might not disqualify them for deferred action. The following documents provide background information, definitions, and various defense strategies that can help maintain the possible eligibility of deferred action applicants:

    1. Understanding the Criminal Bars to the Deferred Action Policy for Childhood Arrivals

    2. Chart: Understanding the Criminal Bars to the Deferred Action for Childhood Arrivals

    3. Practice Advisory for Criminal Defenders: Certain Criminal Offenses May Bar Persons from Applying for the New Deferred Action Status Program Announced by President Obama

    About The Author

    DACA Field Report Blog carries field reports on Deferred Action for Childhood Arrivals from multiple sources.

    The opinions expressed in this article are those of the author(s) alone and should not be imputed to ILW.COM.
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