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Showing posts from May, 2013

DACA approval for more than 3 misdemeanors

If you read the eligibility requirements of DACA you know that you are eligible only if you have a maximum of three misdemeanors.  Well, it turns out that USCIS is not only approving those DREAMers who used fraudulent entry documents , it is also approving applicants with more than three misdemeanors on record.  One user on a forum for DREAMers is reporting that " i have 4 Misdemeanor charges on my record for traffic related stuff like Driving under Revocation etc but nothing violent.  I consider myself lucky to have went thru " (spelling and grammar mistakes are by the original poster, not me).   Basically, this goes on to say that the prosecutorial discretion is powerful and one should not be afraid of applying for an immigration benefit just because one is not eligible.  The USCIS officers have a lot of freedom in deciding cases, and in the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (BSEOIM) the prosecutors can literally give

Is it possible to switch DACA to other visas?

Several DACA approved DREAMers have been asking me if they can change their status to F1 or H1B to legalize their status .  Indeed, it is true that the United States immigration laws allow change of status from one visa category to another in limited number of cases (the guiding principle being your intention -- for example, if you applied for a tourist visa and then want to switch it to a job, USCIS is not amused and may insist that you first leave the country), this provision does not apply for deferred action for childhood arrivals .  Why?  DACA grants no legal status in the US and is not a visa.  It is merely a temporary hold on deportations for two years.

USCIS approving DREAMers who used fake documents

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Those DREAMers who used fraudulent passports and/or visa to enter the United States have been wondering if they will be approved for DACA and eventually for RPI status .  Well, while researching the forums of DREAMers, I have come across a case in which an individual who did this has already been approved.  This is a process that maybe very familiar for those in the undocumented community. How does the process work?   Everyone knows that visas to the United States maybe somewhat difficult to obtain, but they are fairly easy for wealthy people.  Once you get the visa, renewals are even easier, and so are adding family members.  So this DREAMer (I am highlighting a typical example but there are many other people discussing similar cases), whose parents were already in the United States illegally , paid an undisclosed sum of money to an American visa holder, who applied to add him to his visa using a fictitious name and documents.  Then he traveled to the US and since he was a child,

How to prepare for DACA interview?

Tammy writes, "I entered without inspection from the border with Mexico at age 4.  I filed for deferred action on Oct 17, 2012 and went for my biometrics appointment on November 20. I provided evidence like school records, medical records, bank statements, church letters, gym records. I do not have a criminal record , I have never been in trouble in any way. All the papers of course were 100% legit.  My whole packet was pretty extensive, maybe a good two inches thick. The only thing, was that I was in Mexico my 7th and 8th grades, but this was way before 2007 and I was still a minor. But I had to be honest about it when I had to list all my addresses since my arrival.  Other than that, maybe because I was advised to put "undetermined" for my income/expenses since I don't have a paying job. I help my mom with housekeeping but she is the one who gets paid cash . So it's really hard to put down a salary/income since I technically don't have one. I recently rec

Avoiding arrest and deportation before RPI status

While DACA approved DREAMers will be protected from arrest for being in the USA illegally , the good news is all those of you who have not applied for DACA but are waiting to apply for RPI status directly, there is nothing to fear.  There is a provision in the law that if a law enforcement officer inquires your immigration status all you have to declare is that you are eligible for RPI .  There is no need to show any documents that proves that you have even applied for legalization .  You will not be arrested or deported as long as you make this claim.  If you are still arrested, you can actually sue the Government and get a free attorney because this is against the law.  Obviously, it is important to understand that this is only for immigration violations and not for other laws that you break.

Crossing immigration checkpoints in DACA

For those of you who live in the border stats, you must be familiar with immigration checkpoints.  The US laws allow Border Patrol to check immigration status within 100 miles from the border.  Accordingly, DACA approved DREAMers should always carry their EAD card and present it to the officer as proof of their status in the United Status .  A document from the USCIS that your application is pending maybe accepted by an agent out of kindness but is actually a confirmation of your undocumented status .  Those of you whose applications are not yet approved should avoid check points.  Whether approved or not, needless to say, you should never cross the border.  Only DACA approved DREAMers with a valid advance parole document are allowed to re-enter the country.