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Immigration Relief for Young People

By May 27, 2014 No Comments

To sign up for the update emails on the new immigration deferred action policy, please sign up here! 새로운 이민개혁 정책에 대한 이메일 업데이트 받고 싶으시면, 여기서 신청해주세요!

On June 15, 2012, the Obama Administration made an announcement calling for the Deferred Action of Childhood Arrivals (DACA). This policy would provide temporary relief to 800,000 undocumented young people from deportation and would allow them to apply for work permits. It follows years of hard work by young people and recognizes the contributions, promise, and importance of undocumented young people, nearly 1 in 10 of whom are Asian American and Pacific Islanders.

What is deferred action?
Upcoming Workshops
Are you eligible for deferred action?
How do you apply?
Application Process
Obtaining a social security number
DACA Renewals
In-State Tuition in Virginia
Contacts
Resources

What is deferred action?

Deferred action is a type of administrative relief from deportation that can be granted by the Department of Homeland Security (DHS) without the individual necessarily having to go through immigration court. Deferred action allows an individual to stay and live in the U.S. for a temporary period without being at risk of deportation. It is granted on a case by case basis. Even if a person meets all requirements, they must still be approved by DHS. Deferred action does not grant legal status to the individual.

This policy will:

  • Provide a 2-year temporary relief from deportation for eligible young people who meet certain eligibility requirements. This two year period can be renewed, pending review of the individual’s case.
  • Allow eligible youth to apply for work authorization. The work authorization can also be renewed for a two year period, pending review.

NAKASEC and our affiliates, the Korean Resource Center (KRC) of Los Angeles and the Korean American Resource & Cultural Center (KRCC) of Chicago are working within Korean American communities to provide information on the latest announcement and with pro-bono lawyers and advocates across the nation to provide legal support for young people.

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Upcoming Workshops

June 12, 2014
NAKASEC Deferred Action Clinic
Time: 6:00-8:00 PM ET
Location: 7006 Evergreen Court, Suite 200, Annandale, VA 22003
Contact: Dong Yoon Kim (dkim@nakasec.org) & Jung Bin Cho (jcho@nakasec.org)

Walk-ins are welcome but appointments are encouraged.

Please check back for more information on an application workshop in Virginia.

To make an appointment please call 202-299-9540 or email dkim@nakasec.org or signup here: Sign up for update emails on the deferred action policy.

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Are you eligible for deferred action?

According to the USCIS, an individual may be considered for deferred action for childhood arrivals if he or she:

  • Was under the age of 31 as of June 15, 2012;
  • Came to the United States before reaching his or her 16th birthday;
  • Has continuously resided in the United States Since June 15, 2007, up to the present time;
  • Was present in the United States on June 15, 2012, and at the time of making his or her request for consideration of deferred action with USCIS;
  • Entered without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012;
  • Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • Has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.

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How do you apply?

If you are in deportation proceedings:

  • Immigration and Customs Enforcement (ICE) is reviewing cases of people in deportation proceedings. If a case is identified as meeting eligibility requirements, ICE should offer the person deferred action.

If you are not in deportation proceedings:

  • You will be able to apply to US Citizenship and Immigration Services (USCIS) for deferred action.

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Application Process

    • Individuals must mail the deferred action request forms, supporting evidence to prove their eligibility, and the fee to a USCIS processing center. All individuals will undergo a background and biometrics check. The status of their application can be followed online.
    • Generally there will no an interview process but under certain circumstances one may be requested by USCIS.
    • Fees: The total fee is $465 which includes the work authorization application and the biometrics fees. There are no fee waivers. However very limited exemptions will be made for certain individuals and the request for exemption must be filed prior to sending in your deferred action application.

    Deferred Action Forms:

    1. Form I-821D (Consideration of Deferred Action for Childhood Arrivals)

    2. Instructions for Form I-821D

    3. Form G-1145, E-Notification of Application/Petition Acceptance

    4. Form I-765 (Employment Authorization Document for Deferred Action applicants)

    5. Form I-765 WS (Worksheet to establish economic need for employment pursuant for Deferred Action applicants)

    Denial of Applications

    • If an application is denied, USCIS has announced that the neither the individual nor their family members, will not be referred to ICE for the purpose of deportation proceedings unless there are concerns with criminal offenses, fraud, or a threat to national security or public safety or under exceptional circumstances. This policy, however, can be changed at any given time and is not a right or benefit given to the individual.
    • It is important to remember that if you have a criminal record, you must speak with an immigration attorney prior to applying for deferred action.

    Travel

    • You may not travel outside of the US before you are granted deferred action. After August 15, 2012, if you travel outside of the US, you will not be considered for deferred action under this process.
    • After you are granted deferred action and you want to travel outside the US, you must apply for advance parole by filing a Form I-131 application and paying an application fee ($360).  You will be granted travel authorization if it is for humanitarian, education or employment purposes.

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    Obtaining a social security number

    DACA applicants who have received Deferred Action and their work permit can now apply and receive a Social Security number.

    For details please see the following documents:

    DACA Obtaining Social Security Number [ENG]

    DACA Obtaining Social Security Number [우리말]

    After obtaining your work permit (Employment Authorization Document or EAD), and your Social Security number, there have been unanswered or unclear guidelines on your current or future employment. Please see below to see NAKASEC’s adapted NILC FAQ regarding DACA and employment.

    DACA and Workplace FAQ [ENG]

    DACA and Workplace FAQ [우리말]

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    DACA Renewals
    More information to be added shortly…

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    In-State Tuition for Virginia DACA Recipients

    On Tuesday, April 29, Virginia Attorney General Mark Herring declared that children who arrived in the United States without documentation and raised in this country qualify for in-state tuition. They must have had DACA for one year and also meet the Virginia Domicile requirements. This news opens up educational doors for our Latino, Asian, and immigrant communities.

    HERRING ADVISES THAT VIRGINIA “DREAMERS” CAN QUALIFY FOR IN-STATE TUITION.

    Herrings Remarks about DREAMERS qualifying for In-State Tuition (KO)
    In State Tuition FAQ
    In State Tuition for DACA Recipients PowerPoint
    If you have any questions regarding issues on obtaining in state tuition in Virginia after you have had DACA for one year please contact NAKASEC at 703-256-2208 or Legal Aid Justice Center at 703-778-3450.

    Contacts

    Are you a young person or a parent and have questions about the announcement? Give us a call.

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    Resources
    Other forms to be added…

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