Details of the new plans for deferred action for childhood arrivals (Part 2)
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Continuing to answer questions, this week about the process involved in the US government’s plans for De- ferred Action for Childhood Arrivals (DACA).Q7: How do I request consideration of DACA? A7: To request consideration of DACA (either as an ini- tial request or to request a renewal), you must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals to USCIS. Please visit www.uscis.gov/i- 821d before you begin the process to make sure you are using the most current version of the form available. This form must be completed, properly signed and accompa- nied by a Form I-765, Application for Employment Au- thorization, and a Form I-765WS, Worksheet, establishing your economic need for employment. If you fail to submit a completed Form I-765 (along with the accompanying fil- ing fees for that form, totaling $465), USCIS will not con- sider your request for deferred action. Please read the form instructions to ensure that you answer the appropriate questions (determined by whether you are submitting an initial or renewal request) and that you submit all the re- quired documentation to support your initial request. You must file your request for consideration of DACA at the USCIS Lockbox. You can find the mailing address and in- structions at www.uscis.gov/i-821d. NOTE: On February 18, 2015, USCIS will begin accept- ing a new version of Form I-821D form. USCIS will ac- cept the edition dated 6/04/14 until April 20, 2015. After April 20, 2015, USCIS will accept only the new Form I- 821D. The new version is very similar to the previous ver- sion of Form I-821D. It is revised to reflect the expanded guidelines. While USCIS will not accept requests for DACA under the new guidelines until February 18, 2015, individuals can begin to prepare their requests by gath- ering relevant evidence as described on the current form at www.uscis.gov/i-821d. After your Form I-821D, Form I-765, and Form I-765 Worksheet have been received, USCIS will review them for completeness, including submission of the required fee, ini- tial evidence and supporting documents (for initial filings). If it is determined that the request is complete, USCIS will send you a receipt notice. USCIS will then send you an appointment notice to visit an Application Support Center (ASC) for biometric services, if an appointment is required. Please make sure you read and follow the directions in the notice. Failure to attend your biometrics appointment may delay processing of your request for consideration of de- ferred action, or may result in a denial of your request. You may also choose to receive an email and/or text message notifying you that your form has been accepted by com- pleting a Form G-1145, E-Notification of Application/Pe- tition Acceptance. Each request for consideration of DACA will be reviewed on an individual, case-by-case basis. USCIS may request more information or evidence from you, or request that you appear at a USCIS office for an in-person interview. USCIS will notify you of its determination in writing. Note: All individuals who believe they meet the guide- lines, including those in removal proceedings, with a final removal order, or with a voluntary departure order (and not in immigration detention), may affirmatively request consideration of DACA from USCIS through this process. Individuals who are currently in immigration detention and believe they meet the guidelines may not request con- sideration of deferred action from USCIS but may identify themselves to their case officer. If the case officer is un- available, such individuals may contact the ICE Detention Reporting and Information Line at 1-888-351-4024 (staffed 8 a.m. – 8 p.m., Monday – Friday) or submit an email to ERO.INFO@ice.dhs.gov and the appropriate ac- tion will be taken in a timely manner. For more informa- tion visit ICE’s website at www.ice.gov/daca. Q8: Can I obtain a fee waiver or fee exemption
for this process? A8: There are no fee waivers available for employment authorization applications connected to DACA. There are very limited fee exemptions available. Requests for fee ex- emptions must be filed and favorably adjudicated before an individual files his/her request for consideration of DACA without a fee. In order to be considered for a fee ex- emption, you must submit a letter and supporting docu- mentation to USCIS demonstrating that you meet one of the following conditions: You are under 18 years of age, have an income that is less than 150 percent of the US poverty level, and are in foster care or otherwise lacking any parental or other familial support; or You are under 18 years of age and homeless; or You cannot care for yourself because you suffer from a serious, chronic disability and your income is less than 150 percent of the US poverty level; or You have, at the time of the request, accumu- lated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses for yourself or an immediate family member, and your income is less than 150 percent of the US poverty level. You can find additional information on our Fee Exemption Guidance Web page. Your request must be submitted and de- cided before you submit a request for consideration of DACA without a fee. In order to be considered for a fee exemption, you must provide documentary evidence to demonstrate that you meet any of the above conditions at the time that you make the request. For evidence, USCIS will: Accept affidavits from community-based or religious or- ganizations to establish a requestor’s homelessness or lack of parental or other familial financial support. Accept copies of tax returns, bank statement, pay stubs, or other reliable evidence of income level. Evidence can also include an affidavit from the applicant or a responsi- ble third party attesting that the applicant does not file tax returns, has no bank accounts, and/or has no income to prove income level. Accept copies of medical records, insurance records, bank statements, or other reliable evidence of unreim- bursed medical expenses of at least $10,000. Address questions through Requests for Evidence (RFEs). Q9: If individuals meet the guidelines for consid- eration of DACA and are encountered by US Cus- toms and Border Protection (CBP) or US Immigration and Customs Enforcement (ICE), will they be placed into removal proceedings? A9: DACA is intended, in part, to allow CBP and ICE to focus on priority cases. Under the direction of the Secre- tary of Homeland Security, if an individual meets the guidelines for DACA, CBP or ICE may exercise their dis- cretion on a case-by-case basis to prevent qualifying indi- viduals from being apprehended, placed into removal proceedings, or removed. If individuals believe that, in light of this policy, they should not have been apprehended or placed into removal proceedings, contact the ICE En- forcement and Removal Operations Detention Reporting and Information Line, toll free, at 1-888-351-4024.