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USCIS Director Mayorkas’ teleconference on Deferred Action for Childhood Arrivals

Today, August 3, 2012, Kazmi & Sakata attended a teleconference from the USCIS Director Mayorkas.

The Director clarified many details with the Deferred Action for Childhood Arrivals (“DACA”) process. He provided helpful information, but noted one important aspect. The new application form and more details for qualifications will be made available on August 15th. This is the same day they will begin to accept the cases. Thus, the actual earliest date of application will be August 16th (assuming you overnight the package).

Here were some highlights:

  • Total fee will be $ 465.
  • Brief, casual Travel will not interrupt continuous stay from 06/15/2007 to 06/15/2012.
  • May possibly be able to file Advance Parole after your DACA is approved, but only if for Education, Employment or Humanitarian.
  • USCIS will accept Fee Waiver applications, but they must be approved before you file the DACA case or Work Permit.
  • ICE will be severed from the process of granting deferred action. This will be beneficial as ICE’s forte is law enforcement, while Childhood Arrivals is primarily a benefits process. USCIS, with primary control over the cases.
  • Very importantly, if you have submitted a request for consideration and USCIS decides not to defer action in your case, USCIS will apply its policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of Notices to Appear (NTA). If your case does not involve a criminal offense, fraud, or a threat to national security or public safety, your case will not be referred to ICE for purposes of removal proceedings except where DHS determines there are exceptional circumstances.

Lastly, here are the latest 7 qualifications:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  6. Are currently 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 Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
May 2024