DACA RENEWALS. February 25, 2014

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Rudolph Shelton
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1 DACA RENEWALS February 25, 2014

2 NOTICE The information provided in this webinar is general information. Each case is different so please consult with an attorney or accredited representative about your case. This webinar is presenting the information we have so far, the information is subject to change.

3 What is DACA? June 15, 2012: Janet Napolitano, Secretary of the Department of Homeland Security (DHS) released a memo granting two-year deferred action status to certain young undocumented immigrants August 14, 2012: U.S. Citizenship and Immigration Service (USCIS) released the form I-821D

5 DACA So Far As of 2/6/14*: 638,054 people have submitted DACA requests 521,815 DACA approvals Top 5 States: California Texas Illinois New York Florida * info available at: d%20studies/immigration%20forms%20data/all%20form%20types/da CA/DACA pdf

6 Timeline December 2013: USCIS invited the public to provide comments about the renewal of the Deferred Action for Childhood Arrivals (DACA) program. February 18, 2014: deadline to provide comments on the draft renewal form. April 2014?: USCIS will publish a final form and instructions.

7 Who can submit a DACA renewal? A person who was granted DACA and who continues to meet the guidelines for DACA may submit a DACA renewal request. The person must also meet the following requirements in order to qualify for DACA renewal: The person must not have departed the U.S. on or after August 15, 2012, without first having been granted advance parole. The person must have resided continuously in the U.S.

8 When can a DACA recipient apply for renewal? A person who has DACA may apply for DACA renewal before the date his or her current DACA and employment authorization document (EAD) expire. To find the expiration date, do either of the following: Look at the I-797 Notice of Action under Notice Type Look at the EAD under Card Expires EXCEPTION: USCIS released a notice on 2/19/14 about renewals only for people that were issued DACA by ICE from 6/16/12-08/15/2012. This notice only applies to a small fraction of the DACA population. These people are the only ones that can apply for DACA as of now.

9 How to request DACA renewals? Same forms will be used Form I-821D, Form I-765 Application for Employment Authorization, and Form I-765WS Worksheet. But there is an updated version of Form-821D It should be available sometime in the next few months. The person with DACA must fill out all the forms sections and answer all the questions except those designated For Initial Requests Only. The completed forms must be submitted to USCIS.

10 What are the fees? The renewal request costs the same as the initial request: $465. The cost includes a $380 application fee for the Form I-765 and an $85 fee for biometrics (fingerprints). DACA renewal applicants are required to submit new biometrics. In very limited circumstances, applicants may be exempted from having to pay the fees.

How do I prepare for the Renewal Process? It s important that the information in the renewal request be consistent with the information provided in the initial request.

11 How do I prepare for the Renewal Process? It s important that the information in the renewal request be consistent with the information provided in the initial request. Have a copy of your initial request as you fill out the renewal forms. Your attorney should have a copy, if not another option is to file a Freedom of Information Act (FOIA) request for a copy of the initial application. Have $465 for fees

program and obtained my High School or GED Diploma I am still enrolled in the

12 What do I do if I initially applied as Currently in School? There are three possible scenarios: Was enrolled and since then I have completed the program and obtained my High School or GED Diploma I am still enrolled in the program/school. I got DACA based on an educational program to place on postsecondary education, job training, or employment.

13 If you have completed High School or GED program since applying: On page 3 of the draft application form, the applicant must mark the box that applies to his or her situation and submit evidence, such as a copy of his or her diploma, GED certificate, or a transcript.

What if I am still in school? Currently enrolled. Must provide evidence that you are currently enrolled or/and have reached the education goals you are claiming. Enrolled, but classes not yet started.

14 What if I am still in school? Currently enrolled. Must provide evidence that you are currently enrolled or/and have reached the education goals you are claiming. Enrolled, but classes not yet started. If the applicant has enrolled in school but his or her classes have not yet started, USCIS suggests submitting the following an acceptance letter with evidence that the applicant has registered for classes, or any other relevant evidence showing that the applicant is committed to starting classes on a certain date (for example, a copy of a tuition bill, of a class schedule, or of the applicant s individualized educational program)

15 What evidence to submit for Public education program? If enrolled in publicly funded educational, literacy, or career training program you must also submit evidence that the program is funded in whole or in part by federal, state, local, or municipal funds. This evidence can be a letter or other documentation from an authorized representative of the program that includes information such as the applicant s name and date of enrollment, the duration of the program and expected completion date, the program s source of public funding, and the program s authorized representative s contact information.

16 What evidence to submit for Non-Public education program? If enrolled in a not publicly funded educational, literacy, or career training program. If the applicant is enrolled in an educational, literacy, or career training program that is not publicly funded, the applicant must also submit evidence that the program is of demonstrated effectiveness. This evidence can be information from an authorized school representative describing the duration of the program s existence, the program s track record in placing students in employment, job-training or post-secondary education, the receipt of awards or other recognition, or any other information indicating the program s overall quality.

17 What if I have been arrested or convicted of an offense, or had other interactions with law enforcement since receiving DACA? Get a background check Complete a live scan (electronic fingerprinting) Visit to find locations and information about the California process. Other states may have similar processes. Request an FBI criminal background check The instructions for requesting an FBI criminal background check are at Request your file from the court

What if I do not apply for renewal? People with DACA who don t apply for and get DACA renewal will no longer be able to work legally in the U.S. after their EAD expires.

18 What if I do not apply for renewal? People with DACA who don t apply for and get DACA renewal will no longer be able to work legally in the U.S. after their EAD expires. After their DACA expires, they will be in the same position they were in before applying initially for DACA facing potential deportation if they are picked up by immigration authorities. Consult with an attorney or an accredited representative from a nonprofit organization that specializes in immigration law to see if there are any other temporary or permanent ways of remaining legally in the U.S.

19 What if my renewal application is denied? Will I be deported? USCIS says that if a person s DACA renewal request is denied, generally USCIS will refer the applicant s case to ICE (the immigration enforcement authorities) only if it involves a criminal offense, fraud, or a threat to national security or public safety.

20 DACA Renewal Draft Application and Instructions USCIS has shared the Draft Application and Instructions. This is what we know so far: Link to the draft renewal I-821D form, draft instruction form, and table of changes: form.html The form is much lengthier and asks for more detail about a person s education progress, especially for those that went back to school. Form also asks for biometrical information of applicant.

21 Our Recommendations to Improve the DACA Application Longer Window to Apply Broaden window from 120 to 180 days Fees Reduce the overall cost of the fee Expand the categories of individuals who are eligible for a fee exemption Continued enrollment in school should be sufficient to meet the substantial progress requirement. Do not request unnecessary evidence about the applicant s criminal history Make the form less confusing and more accessible for pro se applicants Clarify which questions are for initial requests and which are for renewals, etc.

22 Our Recommendations to Improve the DACA Application For more of our suggestions, see our DACA Renewal Comments that can be found at: 1&url_num=3&url=https%3A%2F%2Forg.salsalabs.co m%2fo%2f371%2fimages%2fdaca-renewal-model- Comments.docx.

23 Audience Feedback What are the main problems you have seen with the DACA process? What are the main barriers that prevent people from applying for DACA?

24 Additional Resources

25 Get Involved So you have DACA but your family and friends are still being deported? Even though we are happy DACA is being renewed we know there are thousands of people being deported every day. GET INVOLVED!!!! Continue to fight for Immigration Relief Or Administrative Relief for ALL!

26 Contact Information Kamal Essaheb Immigration Policy Attorney Angelo Mathay DACA Fellow Karla Navarrete, Esq. DACA Fellow National Immigration Law Center th Street NW, Suite 200 Washington, DC National Immigration Law Center th Street NW, Suite 200 Washington, DC National Immigration Law Center 3435 Wilshire Blvd. Suite 2850 Los Angeles, CA phone cell fax

Deferred Action for Childhood Arrivals (DACA)

Deferred Action for Childhood Arrivals (DACA) The New York Immigration Coalition Fall 2012 (revised 10/24/12) 1 The information in this presentation is not legal advice and should not take the place of