DACA candidates find creative ways to supplement their applications

May 01, 2013

DACA candidates find creative ways to supplement their applications

Article provided by Edward R. White, P.C.
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DACA candidates find creative ways to supplement their applications

In June 2012, the U.S. Department of Homeland Security announced a program that would grant deferred removal action to qualifying individuals who arrived in the U.S. as children and who meet other criteria. Thus far, hundreds of thousands of candidates have applied for the Deferred Action for Childhood Arrivals program, and people are finding they must sometimes be creative in providing information and documentation to support their applications.

Deferred Action for Childhood Arrivals

On June 15, 2012, the DHS declared that it would focus its resources on the removal of people who pose a risk to public safety or national security, and therefore fewer resources would be used on "low priority cases," exercising its prosecutorial discretion. It also announced that some individuals may even apply for deferred removal action for a renewable period of two years and employment authorization under the new Deferred Action for Childhood Arrivals program.

According to the DHS, individuals who meet the following requirements may be eligible for the DACA program:
-Arrived in the U.S. before turning 16 years old
-Were under age 31 on June 15, 2012
-Have continuously resided in the U.S. from June 15, 2007 to the present time
-Were physically in the U.S. on June 15, 2012
-Are currently in school, have graduated or earned a GED, or have been honorably discharged from the U.S. Armed Forces or Coast Guard
-Do not have a conviction for a felony, serious misdemeanor or three or more misdemeanors and do not pose a threat to public safety or national security
-Entered the U.S. without inspection before June 15, 2012 or lawful immigration status expired as of June 15, 2012

Immigration Impact reports that, in the first six months of the program, more than 400,000 applications were accepted for processing by the DHS. Some of the applications provide interesting information to support the candidates' applications, though, as candidates seek to prove they meet the eligibility requirements, particularly those requiring proof of presence in the U.S. on a certain day.

The U.S. Citizenship and Immigration Services agency says documents like employment, military or school records, rent receipts, dated bank transactions, automobile license receipts or registration, or tax receipts and insurance policies may be used as proof of an applicant's presence in the U.S. on June 15, 2012, and continuous residence in the U.S. since June 15, 2007. According to ABC News, some candidates are also using technology to supplement their applications, using Facebook posts and FourSquare check-ins to show they were in the U.S. on June 15, 2012. Tweets or Netflix records, pictures with date stamps and identifiable markers in the background, such as a home address, may also be helpful.

The DACA program is a significant opportunity that can help people living in the U.S. obtain deferred action status and become eligible for employment authorization. If you are seeking to apply for the DACA program or would like information on other immigration issues, contact a knowledgeable immigration attorney for assistance.