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  • Deferred Action What Your Need To Know

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    Carl Shusterman
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    http://www.shusterman.com This presentation explains how to qualify for President Obama's Deferred Action Program (DACA). Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html Persons wishing to apply for the "deferred action for childhood arrivals" (DACA) program must meet each of following criteria: 1. They must have come to the US prior to their 16th birthday; 2. They must have continually resided in the US for at least 5 years immediately before June 15, 2012 and must be present in the US on that date; 3. They must have entered the US without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012; 4. They must currently be in school, have graduated from high school, obtained a general education (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; 5. They cannot have been convicted of a felony offense, significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and 6. They must be under the age of 31 on June 15, 2012. For more information, please our Deferred Action (DACA) page at http://shusterman.com/obamadeferredactiondreamers.html

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    Deferred Action What Your Need to Know

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    http://www.shusterman.com This presentation explains how to qualify for President Obama's Deferred Action Program (DACA). Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html Persons wishing to apply for the "deferred action for childhood arrivals" (DACA) program must meet each of following criteria: 1. They must have come to the US prior to their 16th birthday; 2. They must have continually resided in the US for at least 5 years immediately before June 15, 2012 and must be present in the US on that date; 3. They must have entered the US without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012; 4. They must currently be in school, have graduated from high school, obtained a general education (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; 5. They cannot have been convicted of a felony offense, significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and 6. They must be under the age of 31 on June 15, 2012. For more information, please our Deferred Action (DACA) page at http://shusterman.com/obamadeferredactiondreamers.html

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    6 views11 pages

    Deferred Action What Your Need To Know

    Uploaded by

    Carl Shusterman
    http://www.shusterman.com This presentation explains how to qualify for President Obama's Deferred Action Program (DACA). Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html Persons wishing to apply for the "deferred action for childhood arrivals" (DACA) program must meet each of following criteria: 1. They must have come to the US prior to their 16th birthday; 2. They must have continually resided in the US for at least 5 years immediately before June 15, 2012 and must be present in the US on that date; 3. They must have entered the US without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012; 4. They must currently be in school, have graduated from high school, obtained a general education (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; 5. They cannot have been convicted of a felony offense, significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and 6. They must be under the age of 31 on June 15, 2012. For more information, please our Deferred Action (DACA) page at http://shusterman.com/obamadeferredactiondreamers.html

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    of 11

    Deferred Action: What

    You Need to Know


    Immigration Attorney
    Carl Shusterman

    What is DACA?

    Not a Law, Does Not


    Lead to Green Card or
    U.S. Citizenship
    Not the DREAM Act
    DHS Prosecutorial
    Discretion
    Deferred Action for
    Childhood Arrivals

    Who is Eligible to Apply?


    1.

    2.

    3.

    4.

    Under age 31 on June


    15, 2012
    Came to U.S. before
    16th Birthday
    Resided Continuously
    in the U.S. since June
    15, 2007
    Physically Present in
    the U.S. on June 15,
    2012 and on the Day
    Application is Made

    Who is Eligible to Apply?


    5.
    6.

    7.

    EWI or Overstay before June 15, 2012


    In School, Complete High School or GED, or Military
    Veteran
    No Conviction of Felony, Significant Misdemeanor, or
    3 Misdemeanors

    Immigration Forms

    Forms

    Fee: $465

    I-821D, Consideration of DACA


    I-765, Employment Authorization
    I-765 Worksheet
    DACA and Work Permit

    Travel Permits Only in Limited


    Circumstances
    Background Checks

    Absences from U.S. Permitted

    Brief, Casual, and


    Innocent
    Not Due to Deportation,
    Exclusion, or Removal
    Proceedings
    Not for an Unlawful
    Purpose

    Criminal Convictions

    Felony only if Punishable by Term of Imprisonment Exceeding


    One Year
    Significant Misdemeanors Include Crimes of Domestic Violence,
    Sexual Abuse or Exploitation, Burglary, Unlawful Possession or
    Use of a Firearm, Drug Distribution or Trafficking, DUI or where
    Sentence was for 90+ days

    Criminal Convictions

    3 Misdemeanors
    Traffic Violations including
    Driving without a License are not
    Misdemeanors
    Expunged or Juvenile
    Convictions are not Necessarily
    Disqualifiers
    Public Safety Threat May
    Include Gang Membership or
    Criminal Activities

    Acceptable Evidence

    Official Records: Financial Records, Medical


    Records, School Records, Employment Records,
    Military Records, etc
    2 or More Affidavits May be Acceptable to Close
    Gaps in Documenting in Continuous Residence and
    Physical Presence Requirements
    Affidavits not Acceptable to Prove Other
    Requirements
    Circumstantial Evidence

    Removal Proceedings and


    Detention Bars

    Persons in Removal Proceedings May be Eligible under DACA


    Persons with Pending Applications for Relief from Removal
    Okay
    Persons in Detention Need to Apply for DACA with ICE, not
    USCIS

    What if an Application is
    Denied?

    No Appeal
    No Motion to Reopen
    or Reconsider
    Review of Certain
    Denials Based on
    RFEs Permitted
    Reapply?

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