The Obama deferred action program for undocumented youth is on. Some Dreamers want to submit their applications as soon as possible. Filing early makes sense, but it’s better to do it right than to file it early. Friday, I’ll provide more information about the process. Meanwhile, you can get more information at uscis.gov/childhoodarrivals.
If you qualify for what U.S. Citizenship and Immigration Services calls Deferred Action for Childhood Arrivals, get to work on your application. Don’t miss out on getting two-years legal status and employment authorization.
Q. I am a U.S. citizen, but my fiancé is undocumented. He came here illegally as a child. Should he apply for the Obama deferred action program? My fiancé and I are planning to get married soon. We want to get him his green card, but meanwhile we need your advice about whether he should try to get deferred action.
Orem, Utah
A. Your fiancé should get deferred action status. Doing so could make it easier for him to get permanent residence.
First, with deferred action, hell get employment authorization. If he starts working, that may help you prove that he won’t become a “public charge,” a person who needs government cash assistance.
More important, if your fiancé can get USCIS travel permission, called “advanced parole,” he will then qualify to adjust status — to interview for permanent residence in the United States. USCIS says that individuals with deferred action status can get advance parole only for humanitarian, business or educational reasons. It’s too early to tell how strict USCIS will be in applying these rules.
Finally, by working with USCIS permission, your fiancé will increase his ties to the United States. That will help if he needs to travel abroad to get him an immigrant visa. Since he has been here so long unlawfully, he’ll need a USCIS waiver, a form of forgiveness, once he leaves the United States without advanced parole. President Obama has promised that spouses of U.S. citizens needing an “unlawful presence” waiver will be able to apply for that waiver before leaving the United States. That process should be in place by the end of this year. By working, your fiancé’s improves his chances to get the waiver.
Q. Do high school students who have yet to receive their diploma qualify for Deferred Action for Childhood Arrivals? These students meet all other DACA requirements.
Name withheld, Gilroy, Calif.
A. Yes, though they must be at least age 15 to apply. If the students are not yet age 15, they may apply once they reach that age. An exception is for young people already in removal (deportation) proceedings. They qualify for deferred action before turning 15.
Q. The police gave me a ticket for possession of alcohol by a minor. I paid a fine and performed community service as punishment. Will I have a problem getting deferred action for undocumented youth?
Name withheld, Irving, Tx.
A. Your record shouldn’t keep you from getting deferred action status. A single conviction for an alcohol-related offense isn’t a problem if it did not involve driving or a sentence of 90 days or more in jail. Still, get an immigration law expert to review your records — just to be sure.
Q. Will I need a passport to apply for deferred action?
Enedina, Phoenix, Ariz.
A. Not necessarily, but you will need a government-issued I.D. when you go for your biometrics (fingerprinting appointment). The USCIS will want to be sure you are who you say you are. If you don’t have an I.D., getting a passport is a good idea. You can apply for one at your country’s consulate. Most countries have instructions on getting a passport on the Internet.
Q. I qualify for the Obama deferred action program, but since high school, I have been working using another person’s name. Can I get deferred action? I came here at age 8. I’m now 20 and I work as a manager in a fast food restaurant. I graduated high school in May 2010 and then got work using another person’s social security card and using his name. I have proof of school up to January 2011 when I paid for admission and took one class at a technical school.
Jose Delfin, Rome, Ga.
A. If you are careful in preparing your application, you should get deferred action. USCIS says that it will accept “circumstantial evidence” to prove that you were here on June 15. That seems to be the only qualification where you don’t yet have solid evidence. What is circumstantial evidence? Any document showing that you were here close to June 15 and/or here shortly after that date. Examples would be medical, dental, banking or credit card records. USCIS will not accept affidavits alone to prove you were here on June 15. In any event, I suggest doing the best you can to prove presence on June 15 and submit what you have. It’s worth a try.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 4 New York Plaza, N.Y., 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.
