Today, August 3, 2012, Alejandro Mayorkas, Director, USCIS, provided additional information about Deferred Action for Childhood Arrivals (DACA). Qualified persons will now be called “Childhood Arrivals” and the process will be referred to DACA. DACA requests cannot be made until August 15, 2012. All DACA requests will be sent to a USCIS lockbox except for Childhood Arrivals who are presently detained. Childhood Arrivals who are presently in removal proceedings who are not detained file their requests with USCIS. There will be a newly created form specifically for this request. The total filing fee will be $465.00 – this covers the entire DACA request, including a work permit. The grant will be good for 2 years. There are very limited circumstances where the filing fee will be waived. Each DACA applicant will undergo a significant background check by the DHS and other Federal agencies. Only after the DACA request is granted will a person be able to apply for advance parole (travel document) and pay the $360.00 filing fee. Advance parole will only be granted for humanitarian travel, education, or employment purposes. A person who is convicted of a felony, significant misdemeanor, or 3 or more misdemeanors will be ineligible under DACA. Significant misdemeanors are defined as domestic violence, sexual abuse and exploitation, firearms offenses, drug distribution/trafficking, DUI, or if an individual was sentenced to time in custody of more than 90 days. If a DACA request is denied, USCIS will not accept a Motion to Reopen, a Motion to Reconsider, or an Appeal since it is a discretionary decision. An interview may be deemed necessary if fraud is suspected in a DACA application. It is important to hire the best immigration law firm you can find to file the DACA request, so contact Shane & Shane, P.A. today.
