Get Help with DACA

What happened on Friday, December 4?

A federal judge ordered the Trump administration to fully restore the DACA program, requiring officials to open the program to new applicants for the first time since 2017. The New York federal judge's order rejects a July memo from Acting Secretary of the Department of Homeland Security Chad Wolf limiting the DACA program to renewals and cutting work permits from 2 years to 1 year.

This order was a continuation of a previous decision issued in November, but now the judge clearly ordered that the immigration agencies (USCIS and DHS) responsible for administering DACA publish by Monday, 7 December a notice explaining that the agency will accept initial DACA applications, as well as Advance Parole applications with the requirements that existed in 2017.

What does the decision of the federal judge in New York on December 4 mean?

The judge's order states that the DACA program immediately returns to its original form prior to September 5, 2017, when the Trump administration first attempted to end DACA. On December 7, the government posted on its websites that it is accepting initial DACA applications with the requirements that existed in 2017 as required by the New York Judge's order.

 

What happens to my work permit if I renewed recently and was given a one-year permit?

The judge also made it clear that 65,800 DACA recipients who renewed in recent months and received a one-year work permit will be immediately extended to two years. More details will be to come for DACA recipients who received one-year renewals.

 

What does the UFW Foundation recommend?

Please call the UFW Foundation at 1-877-881-8281 for guidance on your situation or if you have any questions. Visit www.ufwfoundation.org and click 'help' to enter the DACA page for more details. Important note: If people have been previously arrested or have previous crimes, it is imperative that they seek the opinion of an experienced immigration attorney.

 

Will this opportunity to apply for DACA for the first time close soon?

There may be a limited window of opportunity to submit an initial application for DACA but note the issue is far from settled. The future of the DACA program, DACA recipients, and DACA-eligible youth may change based on several pending court actions. We advise people to seek a consultation to consider all options before applying.

What are the requirements to apply for DACA for the first time? 

You may qualify for DACA if you check off all these requirements:

1. Be at least 15 years old at the time of applying for DACA

2. Under the age of 31 since June 15, 2012 (born after July 15, 1981)

3. Have arrived in the US before the age of 16

4. Have lived in the US continuously from June 15, 2007, to the present day

5. Physically in the US on June 15, 2012, and at the time of applying for DACA

6. Had no legal status since June 15, 2012

7. Graduated from high school. Be enrolled and actively participating in high school, adult, or vocational classes

8. No conviction of a felony, significant misdemeanor, 3 or more misdemeanors, and not be a violation of national or public security.

Downloadable DACA Requirements Flyer: http://bit.ly/38dvz3M 

 

What documents do I need to complete my DACA application? 

You will have to show proof of all your answers to these questions. You should consult a lawyer or OLAP accredited representative to help you figure out the most viable options for you, but here are some examples (this list is not exhaustive but only meant to help guide you):

Evidence to Prove your Identity

To prove identity and age (including proof that you are under the age of 31), provide the  following: 

  • Certified copy of birth certificate (with translation if not in English), OR 
  • Copy of birth certificate (if no certified copy is available), OR 
  • Copy of valid passport, OR 
  • Copy of expired passport (must submit an additional form of ID), OR 
  • Copy of valid consular ID card, OR 
  • Copy of expired consular ID card, OR 
  • Copy of valid school ID, OR 
  • Copy of expired school ID, OR 
  • Copy of photo ID documents issued by DHS, OR 
  • Any other official photo ID

Evidence to Prove That You Have Been Living in the U.S.

To prove that (1) you arrived in the US before age 16, (2) have continuously resided in the US for  13 years (6/15/2007- present), and (3) evidence you were present on 6/15/2012; provide the  following:

  • Copy of complete school records (cumulative transcripts will be helpful), OR 
  • Copy of medical records (including vaccination records), OR 
  • Copy of financial records (including bank statement/checks; rent, utility, or credit card bills),  OR 
  • Copy of employment records (including tax returns), OR 
  • Copy of military records, OR 
  • Copy of other records (cell phone records, sports or academic club records, union records,  church records: baptism, communion, or confirmation records), OR 
  • Copy of community service documentation, OR 
  • An affidavit** 
    • **Must submit other supporting evidence

Evidence to Prove the Education Requirement

To prove you are currently in school OR GED program, OR earned a high school OR certificate  of completion from high school, OR have a GED, OR have been honorably discharged from the  military; provide the following:

  • Copy of High school diploma or certificate of completion, OR 
  • Copy of GED certificate, OR 
  • Copy of proof of enrollment in GED program or another educational program, OR o Copy of report cards, OR 
  • Copy of school transcripts (It’s not necessary to submit sealed transcripts, so long as they are  official), OR 
  • Copy of Military records

Extra Documents and Evidence

  • Copy of lawful entry documents (visa, I-94 card border crossing card), OR 
  • Copy of immigration applications filed with DHS, OR 
  • Copy of removal proceedings documents from DHS and immigration court

Left the U.S. since June 15, 2020?

If you have left the US since 6/15/2007, provide the following: 

  • Copy of travel documents, AND 
  • Documents justifying or explaining your absences

Downloadable DACA Document Checklist: http://bit.ly/388FE0y 

 

For More Information Visit: https://bit.ly/3gyUfq6 

 

Call to Schedule Your Appointment Today: 1-877-881-8281 

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