A7: Yes. category. If individuals believe that, in light of this policy, they should not have been apprehended or placed into removal proceedings, contact your case officer or the ICE Detention Reporting and Information Line at 1-888-351-4024 (staffed 8 a.m. 8 p.m., Monday Friday); or emailERO.INFO@ice.dhs.gov. See 8 CFR 23.23(c)(3). For additional resources and information about workers rights, visit the Department of Justice Reminders for DACA Recipients and Employers webpage. For people who are deaf, hard of hearing or have a speech disability: TTY 800-767-1833. A5: Yes. You should speak with an immigration attorney about the specific facts of your case before making any decisions. DHS considers such offenses in the totality of circumstances to determine if a requestor merits a favorable exercise of prosecutorial discretion. If you submit affidavits related to the continuous residence requirement, you must submit 2 or more affidavits, sworn to or affirmed by people other than yourself who have direct personal knowledge of the events and circumstances during the period when there is a gap in the documentation. Since a criminal conviction can complicate your immigration process, the categories of certain crimes are also explained in this article. In general, only noncitizens who have permission from DHS to work can apply for a Social Security number. Frequently Asked Questions | USCIS Q43: May I file affidavits as proof that I meet the threshold criteria for consideration of DACA at 8 CFR 236.22(b)? However, a pending petition or application for nonimmigrant status does not prevent you from requesting DACA, if you otherwise meet the threshold criteria at 8 CFR 236.22. Organize and label your evidence by the DACA guideline that it meets. Did not engage in unauthorized travel outside the United States on or after Aug. 15, 2012; Have continuously resided in the United States since you submitted your most recent request for DACA that was approved up to the present time; and. A33: DHS will accept affidavits for the start of the continuous residence period if you are a new initial requestor who arrived in the United States at or before age 8. A16: Yes. Please note: An ongoingJuly 16, 2021, injunction (PDF, 401.59 KB)from the U.S. District Court for the Southern District of Texas, which was affirmed by the U.S. Court of Appeals for the Fifth Circuit, and, on Oct. 14, 2022, was extended by the district court to the DACA final rule, remains in effect and prohibits DHS from granting initial DACA requests and related employment authorization under the final rule. To be considered for DACA, you must submit Form I-821D, Form I-765, and Form I-765WS with your online DACA renewal requests. In addition to establishing that you initially resided in the United States before you turned 16 years old, you must also have maintained continuous residence in the United States from June 15, 2007, until the present time to be considered for deferred action under this process. You will continue to receive notifications and updates about your case by mail through the U.S. The sentence must involve time to be served in custody, and does not include a suspended sentence. It is critical that you speak with your immigration attorney about other legal options that may exist for you to continue working and legally residing in the United States. What is DACA? If we determine your request is complete, we will send you a receipt notice. Q40: If I am enrolled in an English as a second language (ESL) program, can I meet the guidelines? Q28: Can USCIS terminate my DACA before it expires? Q33: I came to the United States when I was very young and before I began attending school, so I do not have primary evidence of the start of my continuous residence in the United States. I am not currently enrolled in school and am not an honorably discharged veteran of the U.S. Coast Guard or armed forces of the United States. Make sure you are using the most current version of the forms. They are also eligible to request work authorization. Q12: If I am not in removal proceedings but believe I meet the guidelines for consideration of DACA, should I seek to place myself into removal proceedings through encounters with CBP or ICE? Do NOT use highlighters or red ink on your forms. A15: If you meet the guidelines and have been served a detainer, you should immediately contact the ICE Detention Reporting and Information Line at 1-888-351-4024 (staffed 8 a.m. 8 p.m. Eastern, MondayFriday); or emailERO.INFO@ice.dhs.gov. An Employment Authorization Document will arrive separately in the mail. Posted on Jul 05, 2021 A common question that many people seem to have when they are completing their I-765 Application for Employment Authorization is: What is my "Eligibility Category?" This question is found on item 27 (page 3) of the current I-765 Application (Edition date 08/25/20). and I-765 pages for detailed information. Q30: What guidelines must I meet to be considered for DACA? A47: Yes. We consider deferred action requests submitted under 8 CFR 236.21-236.25 on a case-by-case basis. Please read the form instructions to ensure you answer the appropriate questions (determined by whether you are submitting an initial or renewal request) and that you submit all the required documentation to support your initial request. If you are seeking legal advice, visit ourFind Legal Servicespage to learn how to choose a licensed attorney or accredited representative. An affidavit from the applicant or a responsible third party attesting that the applicant does not file tax returns, has no bank accounts, and/or has no income to prove income level. Remember you can download all USCIS forms for free at www.uscis.gov/forms. DACA is a policy that delays the deportation of people who came to the U.S. as children if they do not have documentation. "what is your current immigration status or category?" : r/DACA by intropod-angle4653 "what is your current immigration status or category?" i'm currently stuck on this question. You should bring the following items to your appointment: Q66: If I have a conviction for a felony offense, a misdemeanor offense described in 8 CFR 236.22(b)(6), or multiple other misdemeanors, can I be granted DACA under 8 CFR 236.21-236.25? A71: If the background check or other information uncovered during the review of your request for deferred action indicates that your presence in the United States threatens public safety or national security, we will not grant your DACA request. Visit an Application Support Center (ASC) for biometric services. Do I need to provide additional documents when I request renewalofdeferred action under DACA? With Form I-821D you must also submit Form I-765, Application for Employment Authorization, the required Form I-765 filing fee, andForm I-765WS, Worksheet (PDF, 243.14 KB), establishing your economic need for employment. Note: It is a federal crime for a noncitizen who is illegally or unlawfully in the United States, among others, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition, or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. Due to the partial stay of the injunction, DHS presently may grant DACA renewal requests under the final rule. However, having deferred action will not excuse previously accrued unlawful presence. Have not been convicted of a felony, a misdemeanor described in 8 CFR 236.22(b)(6), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. We will make determinations on a case-by-case basis under the DACA final rule. The four main types of immigration status in the US are citizenship, permanent residence (lawful residence with a green card), nonimmigrant visa/status and visa waivers, or parole. This page was not helpful because the content: Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, Frequently Asked Questions About the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, DACA Litigation Information and Frequently Asked Questions, Filing Tips for Deferred Action for Childhood Arrivals, DED Covered Country Certain Hong Kong Residents, A Quick Guide to Support The Afghan Workforce, Frequently Asked Questions About Uniting for Ukraine, Employment Resources for Parolees in the United States, Information for Afghan Nationals on Requests to USCIS for Humanitarian Parole, Frequently Asked Questions About Urgent Humanitarian and Significant Public Benefit Parole for Afghans, Frequently Asked Questions About the Family Reunification Parole Processes, Filipino World War II Veterans Parole Program, Cuban Medical Professional Parole (CMPP) Program, Refugee Adjudications: Policy and Procedures, Refugee Processing and Security Screening, Affirmative Asylum Frequently Asked Questions, Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination, Establishing Good Cause or Exceptional Circumstances for Rescheduling Affirmative Asylum Interviews, FACT SHEET: Implementation of the Credible Fear and Asylum Processing Interim Final Rule, Preparing for Your Affirmative Asylum Interview, Victims of Human Trafficking and Other Crimes, Victims of Criminal Activity: U Nonimmigrant Status, Victims of Human Trafficking: T Nonimmigrant Status, Resources for Victims of Human Trafficking and Other Crimes, Female Genital Mutilation or Cutting (FGM/C), Consideration of Deferred Action for Childhood Arrivals, Form G-1145, E-Notification of Application/Petition Acceptance, Social Security Number and Card for Deferred Action for Childhood Arrivals (PDF). If you are seeking legal advice, visit our Find Legal Services page to learn how to choose a licensed attorney or accredited representative. The same category code is printed on your EAD card i.e. Is there a chance of rejection of I-765 if I mention H-1B in Q25? Mail the forms to thecorrect USCIS Lockbox. We will consider all advance parole requests on a case-by-case basis. Deferred Action for Childhood Arrivals (DACA) | Homeland Security By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. If the information you use to access your online representative account does not match the information you provided on the Form G-28, you may be unable to access your clients case. If you are filing your renewal request by mail, we prefer that you download the forms from. Documentation demonstrating that you have graduated or obtained a certificate of completion from high school for purposes of 8 CFR 236.22(b)(5) may include, but is not limited to: Q38: What documentation may be sufficient to demonstrate that I have obtained a GED certificate or certificate from passing a similar state-authorized exam (such as HiSet or TASC)? 1182(a)(3)(B)(iii), 1182(a)(3)(B)(iv), or 1227(a)(4)(A)(i), or an egregious public safety offense. You must submit any of the documentary evidence listed in Chart #1 to showthat you meet the education guidelines at 8 CFR 236.22(b)(5). However, if you engage in unauthorized travel, the travel may interrupt your continuous residence. However, you may use affidavits to support meeting the following guidelines if the documentary evidence available to you is insufficient or lacking: If you submit affidavits related to the above criteria, you must submit 2 or more affidavits, sworn to or affirmed by people other than yourself, who have direct personal knowledge of the events and circumstances. On or after Aug. 15, 2012, and after you have requested DACA, On or after Aug. 15, 2012, and after receiving DACA. There are very limited fee exemptions available. Q77: Can I be considered for deferred action even if I do not meet the guidelines to be considered for DACA? We recognize that age 8 is the highest age at which school attendance becomes required within the United States, and that it may be more challenging for individuals who arrived before that age to provide primary evidence of the start of their continuous residence period. form I-766. On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of 2 years, subject to renewal. At this time and while the stay remains in place, current grants of DACA and related Employment Authorization Documents are valid, and USCIS will accept and process renewal DACA requests and accompanying requests for employment authorization under the final rule. Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence; and. Can I submit an affidavit as proof of the start of my continuous residence period? CAUTION: If you knowingly and willfully provide materially false information on Form I-821D, you will be committing a federal felony punishable by a fine, imprisonment up to 5 years, or both under 18 U.S.C. A43: Affidavits generally will not be sufficient on their own to demonstrate that you meet the threshold criteria at 8 CFR 236.22(b) for USCIS to consider you for DACA. In addition, if you have previously been ordered deported and removed and you depart the United States without taking additional steps to address your removal proceedings, your departure will likely result in your being considered deported or removed, with potentially serious future immigration consequences. We will accept requests we receive earlier than 150 days before your current DACA expires; however, this could result in an overlap between your current DACA and your renewal. Deferred action is an exercise of prosecutorial discretion to defer removal action against an individual for a certain period of time. If you are currently in immigration detention and believe you meet the guidelines, you may request consideration of deferred action from USCIS, but we will not approve the request until you are released from detention. Certain travel outside the United States may affect the continuous residence guideline. A68: For purposes of DACA, a misdemeanor (as described at 8 CFR 236.22(b)(6)) is a misdemeanor as defined by federal law (specifically, a misdemeanor for which the maximum term of imprisonment authorized is 1 year or less but greater than 5 days) that meets the following criteria: The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by ICE. DACA News & Updates 2023 | USAHello A45: No, unless the Executive Office for Immigration Review terminated your status by issuing a final order of removal against you before June 15, 2012. USCIS will review the documentation in its totality to determine whether it is more likely than not that you were continuously residing in the United States for the period since June 15, 2007. Q79: How should I fill out question 9 on Form I-765, Application for Employment Authorization? What are the Four Categories of Immigration Status in the U.S.? Q44: Can I be considered for deferred action under this process if I had an application for asylum or cancellation of removal pending before either USCIS or the Executive Office for Immigration Review (EOIR) on June 15, 2012? General Information for All Requestors A. See 8 CFR 236.23(d)(3). Please review the Filing Fee section of the Forms I-821D The USCIS Contact Centerisopen Monday Friday from 8 a.m. 8 p.m. Eastern Time. This video details how to complete a DACA renewal application packet by walking through the various forms' questions to highlight what they mean and focus on areas worth paying close attention to. The filing fee for the I-765 form is $410. Q49: I used my Border Crossing Card (BCC) to obtain admission to the United States and was not issued a Form I-94 at the time of admission. Q86: Will USCIS expedite the processing of my pending DACA request? If you need to visit an Application Support Center (ASC) for biometric services, we will send you an appointment notice. The filing addresses are different, so you must file the requests separately. Secure .gov websites use HTTPS You may request a review using the Service Request Management Tool process if you met all of the DACA guidelines and you believe USCIS denied your request because of an administrative error. ), Official records from a religious entity confirming participation in a religious ceremony, Copies of money order receipts for money sent in or out of the United States, Birth certificates of children born in the United States, Automobile license receipts or registration, Deeds, mortgages, rental agreement contracts, Form I-94/I-95/I-94W with authorized stay expiration date, Final order of exclusion, deportation, or removal issued as of June 15, 2012, A charging document placing you into removal proceedings, School records (letters, report cards, etc. A62: A brief, casual, and innocent absence from the United States will not interrupt your continuous residence. Federal laws such as the Immigration and Nationality Act, Title VII of the Civil Rights Act of 1964, and 42 U.S.C. If I initially received DACA and was under age 31 on June 15, 2012, but have since become 31 or older, can I still request renewal of DACA? DACA Recipients Can Now File Their Renewals Online - Boundless Chart #1 provides examples of documentation you may submit to demonstrate you meet the threshold criteria for DACA under 8 CFR 236.21-236.25. This prohibition applies to DACA recipients. Visit the Selective Service System website for more information. Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence; or. Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals (DACA) for a period of 2 years, subject to renewal for a period of 2 years, and may be eligible for employment authorization. The Court of Appeals agrees with the original judgment on the case that DACA is unlawful but renewals for existing DACA recipients will remain open. This was your status at last entry. What should I do if my EAD was lost, stolen, or damaged? A6: No. However, because of the specific guidelines for consideration of DACA, individuals who have been residents of the CNMI are in most cases unlikely to meet the criteria at 8 CFR 236.22(b). If you are not a citizen or a lawful permanent resident, you may need to prove that you can work in the United States by presenting an Employment Authorization Document (Form I-766/EAD ). See 8 CFR 236.22(c). For purposes of future inadmissibility based on prior periods ofunlawful presence in the United States, an individual is not considered to be unlawfully present during the period when deferred action is in effect. The DACA recipient does not have to be enrolled in the institution that the program is affiliated with, but you must be enrolled in the program you will be traveling with. Please visit the USCIS Policy Manual Chapter 5 - Requests to Expedite Applications or Petitions for more information and guidance on expedite requests. Any lawful status that you had after June 15, 2012, expired or otherwise terminated before you submitted your request for DACA; Are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a General Education Development (GED) certificate, or are an honorably discharged veteran of the United States Coast Guard or armed forces of the United States; and. DACA recipients who depart the United States without first obtaining an advance parole document run a significant risk of being unable to reenter the United States; obtaining an advance parole document prior to departure is strongly encouraged to reduce the risk of being unable to return and resume DACA. Demonstrating that you meet the 5-year continuous residence requirement; Establishing the start of the continuous residence period if you entered the United States before age 8; and. A4: DACA is a form of deferred action. A58: Any unauthorized travel outside of the United States on or after Aug. 15, 2012, will interrupt your continuous residence, and you will not be considered for deferred action under 8 CFR 236.21-236.25. For additional information on filing a DACA renewal request online, see the Form I-821Dwebpage. Do not file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, with this Form I-765.
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