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Some frequently asked questions about #DACA - provided as a public service.
1. Can I file DACA if I came into the US after 2007?
No. The new court ruling just rolled back everything Trump tried to do to revoke DACA, so the original plan from 2012 is what's effective now.
1. Can I file DACA if I came into the US after 2007?
No. The new court ruling just rolled back everything Trump tried to do to revoke DACA, so the original plan from 2012 is what's effective now.
2. I got a one-year DACA work permit. Will I get a new 2 year work permit automatically?
Probably not, but your 1 year work permit will be valid for 1 year after its expiration. If you have to file to renew, you will get a 2 year work permit.
Probably not, but your 1 year work permit will be valid for 1 year after its expiration. If you have to file to renew, you will get a 2 year work permit.
3. How do I prove I was here between 6/15/07 and 6/15/12?
We've used old photos, school records, affidavits from people who knew you, old lease agreements, medical bills, traffic tickets, paycheck stubs. Be creative! Here's one of our favorites: https://hma-legal.com/proving-physical-presence-a-picture-is-worth-a-thousand-words/
We've used old photos, school records, affidavits from people who knew you, old lease agreements, medical bills, traffic tickets, paycheck stubs. Be creative! Here's one of our favorites: https://hma-legal.com/proving-physical-presence-a-picture-is-worth-a-thousand-words/
4. If I apply for a travel document (advance parole) do I have to use it?
No, but if you meet certain requirements, you can use advance parole to "cure" an original entry that wasn't legal. But if you qualify, yes - it can lead to a green card!
No, but if you meet certain requirements, you can use advance parole to "cure" an original entry that wasn't legal. But if you qualify, yes - it can lead to a green card!
5. What if I was in status (like TPS) between 2007 and 2012. Can I file an initial DACA?
Only if that status expired before June 15, 2012. (it's strange that DACA requires one to have been out of status, and leaves out a lot of Dreamers!)
Only if that status expired before June 15, 2012. (it's strange that DACA requires one to have been out of status, and leaves out a lot of Dreamers!)
6. I had friends who filed for DACA in 2012 with very little evidence and got approved. I was scared and didn't file. Should I be worried?
Things are not the same. Just because DACA is back for now doesn't mean it will be as easy as it was in 2012. Get creative!
Things are not the same. Just because DACA is back for now doesn't mean it will be as easy as it was in 2012. Get creative!
7. I came into the US right after my 16th birthday. Can I file?
No. The requirements for DACA are absolutely strict and there is nothing you can do if you were too old when you came, or if you didn't come before 6/15/07, etc.
No. The requirements for DACA are absolutely strict and there is nothing you can do if you were too old when you came, or if you didn't come before 6/15/07, etc.
8. I have a pending asylum claim. Can I file DACA if I qualify?
Yes.
9. I have an order of deportation. Can I file DACA if I qualify?
Yes.
10. I have a felony on my record. Can I file DACA if I qualify?
No.
Yes.
9. I have an order of deportation. Can I file DACA if I qualify?
Yes.
10. I have a felony on my record. Can I file DACA if I qualify?
No.
11. Do we still have to file the I-765WS with the work permit application?
Yes. It's a good idea to have a clear statement of why you need a work permit. Attach any documents that prove why you need a work permit (a tuition bill, utility bill, medical records, etc.)
Yes. It's a good idea to have a clear statement of why you need a work permit. Attach any documents that prove why you need a work permit (a tuition bill, utility bill, medical records, etc.)
12. I see that USCIS may try to appeal the court order forcing it to accept initial DACA applications. Is it safe to file now?
Yes. You don't get anything without asking for it. Use this time to collect your documentation. But generally, there is very little downside to filing.
Yes. You don't get anything without asking for it. Use this time to collect your documentation. But generally, there is very little downside to filing.
Didn't see an anwer to your question? Ask in the comments! I will try to add to this thread as necessary.
#DreamAct #HomeIsHere
#DreamAct #HomeIsHere
