DEFERRED ACTION FOR CHILDHOOD ARRIVALS DACA or “Dream Act” Michael Feltman Immigration Attorney What is Deferred Action for Childhood Arrivals? • It is an Executive Order. It is an announcement by the President and it is being implemented by DHS through USCIS. • It is not a path to residency or citizenship. This is not amnesty. • Approved applicants will be issued an EAD (work permit). • Applicants will not get a “green card” or be able to petition for family members. • “Deferred Action” is a discretionary act of DHS not to prosecute or deport an alien. It is “an act of administrative choice to give some cases lower priority and is in no way an entitlement…” THIS IS NOT A LAW What are the Requirements? • Were under the age of 31 as of June 15, 2012; • Came to the United States before reaching your 16th birthday; • Have continuously resided in the United States since June 15, 2007, up to the present time; • 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 • Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012; • 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 • 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. • Applicants will have to prove they meet the requirements by submitting documentation Benefits? • Two year work permit with potential for renewal • You can apply for a social security number • You can possibly obtain a driver’s license – KS update • Can continue your education • Live without daily fear FAQs What documents do kids need for DACA? Do they really need ALL of their school records? A former/current student asked me to write a letter for them. What should I write? Why are so many people “illegal”? Why doesn’t the legal family member doesn’t just petition for them? Other people get their residency that way all the time? Do they really have to go back to Mexico to “fix their papers”? What’s a waiver and why do so many people need them? Is there help for immigrants who are victims of domestic violence or other crimes? QUESTIONS Feltman Law Firm 312 W Wyatt Earp Blvd Dodge City, KS 620-225-1300 Thank you for your time!