This is a presentation created by Legal Aid Justice Center, VACOLAO and other organizations to provide information regarding the new program that would benefit almost two million of DREAMers.

1. The Virginia Coalition of Latino Organizations (VACOLAO) presents:
Deferred Action for
Childhood Arrivals /
“DREAMers”:
What You Need to Know!
Created by the Legal Aid Justice Center (Simon Y. Sandoval-
Moshenberg, Esq.), Hogar Immigrant Services (Christie
Turner, Esq.), and Ayuda (Paula Fitzgerald, Esq.)
Information accurate as of 8/21/2012.

2. Objectives of this Presentation:
o This presentation will:
• explain the recent change in policy for undocumented immigrants who
arrived in the U.S. as children
• help potential applicants and service providers gather necessary
documents and information, to be ready to apply
o This presentation will NOT:
• train service providers or applicants how to fill out applications for
deferred action
• answer individual questions about whether a certain person does or does
not qualify – one-on-one consults are available after the presentation
• fill out individual Deferred Action applications for filing
*DISCLAIMER* This presentation is not intended as legal advice and is
provided for informational purposes only. Every case is different and
individuals should consult with an experienced attorney for advice regarding
their specific situation.
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3. What is Deferred Action for
Childhood Arrivals and why now?
o A brief history of the DREAM Act: the DREAM Act would
provide a path to citizenship for young people who were
brought to the United States as children. The DREAM Act has
been introduced in Congress several times (and once had very
broad support from both parties) but has failed to pass…
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4. What is Deferred Action for
Childhood Arrivals and why now?
o On June 15, 2012, the President announced that he would use his
executive authority to grant “Deferred Action” status to the class of
children and young adults who likely would have benefitted from
the DREAM Act.
o On August 15, 2012, USCIS began accepting applications. The
application period has begun.
• No official “end date” to application period, as of yet.
• Likely, will eventually stop taking new applications
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5. Who qualifies?
1. Were under the age of 31 as of June 15, 2012;
2. Came to the U.S. before reaching their 16th birthday;
3. Have continuously resided in the U.S. since June 15, 2007,
up to the present time (more than 5 years);
4. Were physically present in the U.S. on June 15, 2012, and
have not left the U.S. since that time;
5. Entered without inspection before June 15, 2012, or their
lawful immigration status expired as of June 15, 2012 and
do not have any current, lawful status;
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6. Who qualifies?
6. Are currently in school, have graduated or obtained a
certificate of completion from high school, have
obtained a GED, or are an honorably discharged
veteran of the Coast Guard or Armed Forces; and
7. 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.
N.B.: In most cases, must be at least age 15 to apply,
unless currently in deportation/removal proceedings, or
previously ordered deported/removed. If under 15 and
wish to apply, see an attorney first.
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7. What is Deferred Action, exactly?
o Deferred Action is a recognition designated by the U.S.
Department of Homeland Security that gives qualified
individuals permission to remain in the United States and
work during a certain period of time.
o Deferred Action is NOT a path to lawful permanent
residence or U.S. Citizenship.
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8. What is Deferred Action, exactly?
o Employment Authorization will be granted for those who
can demonstrate a need. The work permit will be valid for
two years.
o Approved individuals should be able to get a Social
Security number after they receive their work permit.
o Approved individuals will likely be eligible for a Virginia
driver’s license, although there may be implementation
problems, which we will continue to monitor.
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9. What is Deferred Action, exactly?
o What about college? Will deferred action allow
individuals to attend a Virginia state school? How about
in-state tuition?
o Scholarships and grant money?
o Other public benefits?
o Will individuals be able to join the Army?
Unfortunately, we just don’t know at this point . . .
VACOLAO and other groups will be working on these
issues in the coming weeks and months.
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10. Can I travel abroad?
o May apply for advance parole (which grants permission to
reenter the US) only after being granted deferred action
and if the individual has certain reasons for needing to
travel. CANNOT travel now, or while application for
deferred action is still pending.
o Even if granted advanced parole, always seek advice of an
immigration attorney. Travel is very risky and may not be
advised for individuals who have ever been out of status.
o DO NOT TRAVEL ABROAD WITHOUT FIRST HAVING BEEN
GRANTED ADVANCED PAROLE!
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11. How long will Deferred Action last?
o Deferred action will be granted to eligible individuals for
two years. Approved applicants who have also applied for
employment authorization should be issued a two-year
work permit.
o DHS has said that deferred action will be renewable, but
there is no guarantee that this will continue forever, nor as
to how long the program will last.
• Possible that, in future, program could stop accepting new
applications but continue renewing current participants
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12. How does the USCIS application
process work?
o The application consists of three paper forms – an I-821D,
an I-765, and an I-765WS – that must be filled out with
biographic information, signed, and submitted to USCIS,
along with all supporting documents proving eligibility.
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13. How does the USCIS application
process work?
o The fee, which includes the work permit fee and
fingerprinting fee, is $465.
• Money order to “US Department of Homeland Security”
o No fee waivers will be available.
• Fee exemptions will be granted only in very limited
circumstances (for example, when someone is homeless or
disabled) and must be approved before the application for
deferred action – causing significant delay.
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14. How does the USCIS application
process work?
o A background investigation is required for all applicants.
USCIS will take applicants’ fingerprints after they apply,
and check FBI databases to determine whether applicants
have been arrested.
• Important to be 100% honest about any citations or arrests
in their entire life, including in home country.
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15. How does the USCIS application
process work?
o Except in unusual circumstances – such as where USCIS
suspects fraud – there will be no interview.
o If an application is missing sufficient evidence, USCIS may
issue a Request for Evidence (RFE). RFEs delay the
process, so applicants should submit a fully complete and
accurate application the first time!
o There will be no right to appeal a denial. Again, this is
why it is extremely important to submit a strong
application!
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16. What documents do applicants
need to submit to USCIS?
Individuals will have to “prove” all of the elements
announced in the policy by submitting documents
together with their application.
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17. What documents do applicants
need to submit to USCIS?
Documents to show age (not yet turned 31 as of June 15, 2012):
o Birth certificate.
• A certified English translation is required.
o Passport or government ID (cedula, matricula, DUI, etc).
• Will also be needed for identification at fingerprinting
appointment.
• Start obtaining or renew now, because some consulates take
several weeks or months to issue!
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18. What documents do applicants
need to submit to USCIS?
Documents to show entry to the U.S. before 16th birthday:
o If applicant made a lawful entry to the U.S., include passport
stamp, I-94 card, or other proof of entry showing date.
o If entered without documents, then provide proof of having
been in the U.S. prior to 16th birthday:
• School enrollment records, transcripts, and report cards;
• Medical records and vaccinations;
• Parents’ tax returns listing you as a dependent, insurance
records, etc.
• Leases listing you as a resident
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19. What documents do applicants
need to submit to USCIS?
Documents to show continuous residence in the U.S. for at least
the five years prior to June 15, 2012:
o School transcripts and other school records covering every
semester for the last five years (or a portion of the period);
o Medical records, dental records, hospital records;
o Financial documents, tax returns, bank account statements;
o Leases, mortgage statements, property tax bills, etc.
o Pay stubs or employment records;
o Bills (cell phone bills, car insurance, etc.)
o Anything else with individual’s name and date from U.S.
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20. More on proving physical presence…
o Try to cover every quarter of every year for at least the
last five years (June 15, 2007 through June 15, 2012)
o USCIS will generally only accept affidavits (e.g. letters from
family, friends, or employers) when used to fill a gap in
documentation. They will NOT accept affidavits as the
primary or only evidence to meet a requirement—in other
words, you will need to provide more than just letters.
o Warning: Applicants who have traveled outside of the
United States in the last five years (whether legally or
illegally) should consult an attorney before applying.
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21. What documents do applicants
need to submit to USCIS?
Documents to show applicant was physically present in the
U.S. on June 15, 2012 and had no lawful immigration status.
o Pay stub, phone bill, bank statement covering June 15,
2012
• If you have nothing from the exact day of the 15th,
something from the 14th or the 16th (or close) is fine.
o If applicant ever had lawful status in U.S., proof that
status expired prior to June 15, 2012
• I-94, I-20, passport, visa, etc.
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22. What documents do applicants
need to submit to USCIS?
Documents to show applicant is currently in school,* has
graduated from high school, has obtained a GED, or has been
honorably discharged from Armed Forces or Coast Guard:
o School enrollment records, report cards, transcripts—Note that
if an applicant dropped out of high school it is not too late to re-
enroll if under 21; the applicant only has to be “currently in
school” on the date of filing the application.
o High school diploma and official transcript;
o GED certificate—Note that it is not too late to obtain a GED;
applicants who did not finish high school can sign up for a GED
program now or re-enroll in high school.
o Discharge papers from Armed Forces or Coast Guard
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23. “Currently In School”…
…includes any of the following:
o Public or private elementary school, junior high or middle
school, high school, or secondary school;
o Education, literacy, or career training program designed to
lead to placement in postsecondary education, job
training, or employment; or
o Education program assisting students either in obtaining a
regular high school diploma or equivalent, or in passing a
General Educational Development (GED) exam or other
equivalent state-authorized exam.
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24. School Records
o School districts are required to keep most records; it
should be fairly easy to locate the proper office and go in
person to obtain copies of all student records.
o Advisable to get educational or GED records stamped or
certified by school registrar where possible.
o Fairfax County Public Schools:
• If currently attending FCPS: Obtain the transcript from the school.
• If attended FCPS within the past 5 years: Contact the last school
attended
• If attended FCPS more than 5 years ago: Go to FCPS Records
Center, 3701 Franconia Road, Alexandria, VA 22310
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25. Immigration Records
o Records of all previous applications with immigration
authorities, all lawful entries into U.S., and any other
immigration-related records
• Applicants should gather copies of every piece of paper
ever sent to immigration, and every piece of paper
immigration ever sent to them.
• Applicants should make sure to ask parents if they ever
had any applications, contact, etc. with immigration
authorities, or if they were ever listed on an immigration
application as a derivative or beneficiary.
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26. Important Tip on
Collecting Documents
o For ALL documents gathered, applicants should organize
everything chronologically and make at least one copy of
the whole stack, so that when they meet with an attorney
or go to a workshop to fill out their application, everything
is in order, copied, and ready to go!
o Always make a complete copy of everything you send to
USCIS, and send by certified or overnight US mail.
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27. Other Information to Gather:
o All previous addresses, since first arrived in U.S., and dates
at those addresses
o Info about how/when/where first arrived in U.S.
• Documentation, if any
o Applicant’s current income, expenses, and assets
• For employment authorization form
o Don’t forget: two passport-style photographs; $465
money order to “US Department of Homeland Security”
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28. RED FLAGS
If ANY of the following “red flags” are present, applicant
should schedule an individual consultation with an
experienced immigration attorney prior to applying for
Deferred Action.
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29. RED FLAGS
PRIOR CONTACT WITH IMMIGRATION
o Applicant is, or ever was, in removal / “deportation”
proceedings, or has been ordered removed / “deported” or
granted voluntary departure in the past
o Applicant has ever applied for some form of immigration
status in the past, and application was denied, or is still
pending
MAY STILL QUALIFY – but should definitely seek
help of an experienced immigration attorney
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30. RED FLAGS
CRIMINAL HISTORY
o Applicants must not have been convicted of a felony
offense, a “significant misdemeanor,” or three or more
other misdemeanors
o To be convicted of a crime does not require that individual
spent even one night in jail. Fines, probation, required
good behavior, loss of drivers’ license, mandatory alcohol
education classes, etc. can all count as convictions.
• Ex: First-offense DUI, punished only by mandatory ASAP classes
o Juvenile offenses may also count. USCIS will determine on
a case-by-case basis.
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31. “Significant Misdemeanors”
Examples of crimes that USCIS considers “significant
misdemeanors”:
o Domestic violence, sexual abuse, or sexual exploitation
• Includes statutory rape, contributing to the delinquency of a minor
• Simple assault, if the victim was a household or family member
o Burglary (breaking-and-entering in order to steal)
• Not simple larceny (theft)
o Unlawful possession or use of a firearm
o Drug distribution or trafficking
• If any drug-related charges – even simple possession – speak with an
attorney before filing
o Driving under the influence
o Any misdemeanor for which the individual was sentenced to
more than 90 days of custody.
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32. Certified Dispositions
o If ever been arrested or charged with violating the law, must
obtain a certified disposition for each arrest or charge
• Whether or not the arrest resulted in a conviction, acquittal, or
“they dropped the case”
• “Arrested” or “charged” can include tickets, citations, bench
warrant, etc. – does not necessarily mean you were handcuffed and
taken into custody
o Go to the clerk’s office of the court where incident occurred and
bring cash to cover copying costs.
• If out-of-state, call to request a certified disposition by mail
o If not sure when/where/whether arrested, applicant should
consider requesting an FBI background check. (Consult an
attorney.)
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33. Example of a Certified Disposition
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34. RED FLAGS
BREAKS IN CONTINUOUS PRESENCE
o If applicant has ever departed from the U.S. and returned,
will need to prove that absence was “brief, casual and
innocent”
• No bright-line rule defining “brief.”
• “Innocent”: Not pursuant to an order of deportation,
voluntary departure, etc.
o Collect documents from U.S. from immediately before and
immediately after trip abroad
o Consult an immigration attorney before applying
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35. RED FLAGS
PRIOR FRAUD OR MISREPRESENTATION
o Anyone who has ever told immigration authorities
something that is not true should consult with an attorney.
• Even if immigration authorities have not yet discovered
the fraud – old files are being dusted off.
• Even if the fraud was not successful
o ESPECIALLY if applicant entered the U.S. using a false name
or identity
• Applicants who arrived with documents at a very young
age may not know exactly how they entered – need to
have an uncomfortable conversation with parents
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36. Why bother?
IS IT WORTH IT TO APPLY?
o Subject to the preceding “red flags” warnings, we say: YES.
o Allows people to come out of the shadows, live their lives,
participate in their communities, work, study
o Benefits – work authorization, official government ID,
freedom from fear of deportation – outweigh the risks
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37. Why bother?
AM I PUTTING MYSELF AT RISK?
o Subject to the preceding “red flags” warnings, we say: NO.
o USCIS will refer denied cases to ICE for removal hearings
only if:
• Criminal offense
• Fraud
• Threat to national security
o But the next president could change the program – nobody
can predict that for sure
o If any of the previously listed “red flags” apply, consult with
an experienced immigration attorney prior to filing
o DON’T LIE ON YOUR APPLICATION! If not 100% certain how
to answer a question, consult an attorney before filing.
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38. Why bother?
AM I PUTTING MY FAMILY AT RISK?
o NO. Applying does not put your parents at risk of being
deported.
o Information obtained will not be used to “round up”
parents of DREAMers.
• Even if USCIS refers case to ICE, will not transmit
information re: applicant’s parents
o Again, the next president could change the program –
nobody can predict for sure
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39. Why bother?
WILL THE NEXT PRESIDENT CANCEL THIS PROGRAM,
LEAVING ME NO BETTER THAN WHERE I STARTED?
o No way to know.
o Politically, the more people who apply, the harder it will be
for the next president to simply cancel this program.
• Ex: TPS still being renewed for Salvadorans/Hondurans.
o Success of this program will help political push for a “real”
DREAM Act; failure of this program could be fatal to political
push for a “real” DREAM Act.
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40. Keep up the struggle
for a real DREAM Act!
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41. What should I bring
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to my appointment?

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43. Where can I get individual legal help?
o NoVa:
• Ayuda: (202) 387-4848 -- $160 fee
• Hogar Immigrant Services: (703) 534-9805 -- $150 fee
• Just Neighbors: (703) 979-1240 -- $100 fee
• Northern Virginia Family Service: (571) 748-2806 -- $150 fee
• AILA clinic: Saturday, 8/25, 10:00am, St. Mark’s Lutheran Church,
5800 Backlick Rd., Springfield VA
• Legal Aid Justice Center: Pro se assistance (file your own application) available
on 8/31, 10:00am, 6400 Arlington Blvd. #600, Falls Church VA 22042 – no fee
o DC/MD:
• CARECEN: (202) 328-9799
• Ayuda: (202) 387-4848
• Casa de MD: (301) 431-4185
o Richmond:
• Va. Hispanic Cham Comm., c/o Williams Mullen law firm: (804) 420-6345 - $35
fee
- May also schedule appointments in NoVa, call to inquire
o Private attorneys:
• http://www.ailalawyer.com
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