March 23, 2018
DACA Applications & Renewals Post March 5, 2018
Free On Demand CLE by Podcast
Part 1/2
SYLLABUS
The current state of Deferred Action for Childhood Removals
Three categories of potential DACA Applicants:
Client had DACA and it expired before September 5, 2016 – File Initial Application
Client had DACA and it expired on or after September 5, 2016 – File Renewal Application
Client had DACA and it was terminated at any time – File Initial Application
Client had a three year DACA granted pre Judge Hanen Order BEFORE February 16, 2015 – Can Renew or Apply Now
Client had a three DACA granted post Judge Hanen Order on or after February 16, 2015 AND turned the three year DACA in to USCIS for a two year DACA – Can Renew or Apply Now
Client had a three DACA granted post Judge Hanen Order on or after February 16, 2015 but NEVER turned the three year DACA in to USCIS – May be able to Renew or Apply. It depends upon the client’s situation. Proceed to due diligence.
Due Diligence: Commercial & OSINT
Executive Order: Enhancing Public Safety in the Interior of the United States – See Section 5
Accurint, TLO: Individuals entitled to a copy of their own commercial background check
Open Source Intelligence (OSINT)
Palantir’s new Investigative Case Management (ICM) vastly expands DHS’ intelligence resources
Informed Consent
Collateral risk to Applicant
Collateral risk to undocumented family members of Applicant
Can’t guarantee ancillary benefits such as Driver’s Licenses – state / municipal laws in flux
DACA is a Stay of Removal
DACA is temporary
Not legal status
Authorized period of stay
Authorized to work
It’s not a permanent solution
No Travel Authorizations in Conjunction with DACA
No Arabally Yerrabally adjustments
No March 5, 2018 Deadline on Filing on either Initial or Renewal Applications
There has never been a specific deadline to apply – either too early or too late
If client has a year left on DACA, an Application may be submitted
January 9, 2018 Federal Court Order Remains in Effect
COVER LETTER
VIA FEDERAL EXPRESS
February 28, 2017
USCIS
ATTN: DACA
2501 S. State Hwy.121, Business
Suite 400
Lewisville, TX 75067
RE: I-821D, Consideration of Deferred Action for Childhood Arrival
Applicant: John Robert DOE
DOB: 09/01/1986
Dear Officer:
Enclosed, please find a Consideration of Deferred Action for Childhood Arrivals (“DACA”) Application for Mr. John Robert DOE (“Mr. DOE”).
• G-28
• Form I-821D, Consideration of Deferred Action for Childhood Arrival
• Form I-765, Application for Employment Authorization and $465.00 filing fee including biometrics fee
• Form I-765 Worksheet with attached spreadsheet for monthly expenses and copies of household bills
• Four Passport Photos of Applicant
Applicant was under the age of 31 as of June 15, 2012 (Beneficiary was ** years old
on June 15, 2012)
1. Copy of Applicant’s Mexican Birth Certificate, showing Date of Birth as September 1, 1986 with Certified Translation
2. Copy of Applicant’s current Mexican Passport, showing Date of Birth as September 1, 1986 Issued on November 1, 2012, Date of Expiration September 1, 2018
3. Applicant’s Immunization Record showing Applicant’s Date of Birth as September 1, 1986
Applicant entered the United States without inspection before reaching his 16th Birthday (Applicant was one year old when he entered the U.S.) and has continuously resided in the United States since 1986
4. Attached Chart with Exhibits pages 31-222 showing that the Applicant entered the United States before reaching his 16th birthday and he has resided in the United States since 1986
Applicant was physically present in the United States on June 15, 2012
4. Letter dated August 20, 2012 from Mrs. Karen Walker, Parish Secretary of Sacred Heart Catholic Church verifying registration of Beneficiary since February 28, 2003
5. Applicant’s Earning Statements for pay periods from January 2, 2012 through June 30, 2012
Applicant is currently enrolled in a High School Program
6 Letter from *** Home School Program dated September 1, 2017 confirming enrollment in their High School Program
7 Statement from *** Home School Program dated February 1, 2018
Applicant has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and does not pose a threat to national security or public safety
8. Certified Disposition ***
9. Certified Judgment ***
Applicant is currently in removal proceedings
10. Master Hearing Notice dated January 17, 2018 for Master Hearing Scheduled on March 6, 2018 at 8:30 a.m. in Orlando, Florida
Applicant is prima facie eligible for DACA
If any additional information is needed, please contact me directly. Otherwise, we respectfully request that the Service defer action upon beneficiary and approve the enclosed I-765, Application for Employment Authorization.
Your hard work and consideration is most appreciated.
Respectfully,
The Law Office of Susan Pai, PLLC
Susan Pai
Attorney at Law
EXHIBITS
Exhibit: Residency Documentation and Organization
Exhibit: Age Requirement
