DEFERRED ACTION FOR CHILDHOOD ARRIVALS
(WITH A QUICK OVERVIEW OF THE DREAM ACT)
WWW.NODREAMDEFERRED.ORG
What is the DREAM Act?
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Bipartisan legislation introduced several times in
Congress
Allows certain young people to apply for
temporary legal status and eventually obtain
permanent legal status if they go to college or
serve in the U.S. military AND
Would eliminate a federal provision that penalizes
states that provide in-state tuition without regard to
immigration status.
Latest version of the DREAM
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The latest version of the DREAM Act (known as the
Development, Relief, and Education for Alien Minors
Act) was introduced on May 11, 2011, in the
Senate (S. 952) by Sen. Dick Durbin (D-IL) and 32
fellow senators
Introduced in the House of Representatives (H.R.
1842) by Reps. Howard Berman (D-CA), Ileana RosLehtinen (R-FL), and Lucille Roybal-Allard.
DREAM Act eligibility
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Had to have entered U.S. before age 16
Be under the age of 35 (Senate)/32 (House)
Have lived in the U.S. for at least five years before
enactment
Graduated from high school or passed an
equivalency exam (GED)
Have "good moral character"
Either attend college or enlist in the military for two
years.
What happens under DREAM?
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Conditional permanent resident status granted for a
limited duration—six years under normal
circumstances— instead of indefinitely.
Not able to travel abroad for lengthy period
Not eligible for Pell Grants or certain other federal
financial aid grants.
Eligible for federal work study and student loans,
and states would not be restricted from providing
their own financial aid to these students.
DREAM converts to green card
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At the end of conditional period, permanent
resident status would be granted if, during the
conditional period, the immigrant had maintained
good moral character, avoided lengthy trips
abroad, and met at least one of the following
criteria:
Graduated from a two-year college or certain
vocational colleges, or studied for at least two
years toward a B.A. or higher degree, or
Served in the U.S. armed forces for at least two
years.
What is DACA? Cont’d

Deferred Action is NOT the DREAM Act.
 No
lawful status is granted and no path to citizenship
exists.
 Not lawful status, but it is “lawful presence”

Work permits are granted for the duration of
deferred action if “an economic necessity for
employment” exists.
What is DACA?
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June 15, 2012 policy announcement by Secretary of
Homeland Security
Certain young people can request “deferred action” on a
case-by-case basis
Upon approval, can live and work in U.S. without fear of
removal (deportation)
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Unless new ground of removability occurs
Renewable every two (2) years.
Individuals who qualify for DACA are considered “low
priority” for removal.
Who is eligible for DACA?
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Individual who:
 1.
was under the age of 31 as of June 15, 2012;
 2. came to the United States before reaching his or her
16th birthday;
 3. has continuously resided in the U.S. from June 15,
2007 to present;
 4. was physically present in the U.S. on June 15, 2012,
and at the time of making his/her request for deferred
action.
Who is Eligible? Cont’d
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5. entered without inspection before June 15, 2012,
or whose lawful immigration status expired as of
June 15, 2012;
6. is currently in school, has graduated or obtained
a certificate of completion for high school, has
obtained a GED (by the date of application), or
was a honorably discharged veteran of the Coast
Guard or Armed Forces; and
Who is DACA eligible?
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7. has not been convicted of a felony, a “significant
misdemeanor,” or three or more misdemeanors, and
does not represent a public safety or national
security threat.
What is a Felony?
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A felony is a federal, state, or local offense that is
punishable by a term of imprisonment exceeding
one (1) year.
For example: Aggravated Assault, Robbery, or
Murder.
What is a “Significant” Misdemeanor?
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A criminal offense as defined by federal law and
meets the following criteria:
 Regardless
 domestic
of the sentence imposed, is an offense of:
violence;
 sexual abuse or exploitation;
 burglary;
 unlawful possession or use of a firearm;
 drug distribution or trafficking; or
 DUI (driving under influence of alcohol or drugs);
What is a “Significant Misdemeanor”?
OR
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is an offense for which the individual was sentenced to
time in custody of more than 90 days (i.e., 91 days or
more).
The sentence must involve time to be served in custody,
and therefore does not include suspended sentences.
What is a “Non-significant
Misdemeanor?
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Misdemeanor is defined by federal law (less than 1
year in prison but more than 5 days) and is not an
offense previously listed (that is, not domestic
violence; sexual abuse or exploitation; burglary;
unlawful possession or use of a firearm; drug
distribution or trafficking; or DUI;)
AND
Is one for which the individual was sentenced to time
in custody of 90 days or less.
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Take Away – Significant v. NonSignificant Misdemeanor
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Domestic Violence and DUI will always make a
person ineligible for Deferred Action.
Minor traffic offenses will not disqualify (but you
must list any traffic offense involving alcohol or
drugs).
The absence or presence of criminal history is not
necessarily determinative but will always be
considered.
Expunged or Juvenile Convictions
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Must be disclosed to USCIS.
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Not an automatic disqualification.
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Reviewed on a case by case basis.
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If you were a juvenile but tried and convicted as an
adult, you will be treated as an adult for purpose
of the deferred action process.
The Process
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USCIS started accepting apps on August 15, 2012.
There is no deadline for filing.
All applicants will apply to USCIS EXCEPT:
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Person who are currently in detention. If in detention, your
application will be addressed to ICE.
Must be 15 years or older to apply UNLESS
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You are currently in removal proceedings. If you are in
removal proceedings, you may apply even if you are under
15 years of age.
The Application
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The forms to be used are: G-1145, I-821D, I-765, y I765WS
Cost is $465.
You will be required to go to an appointment at the USCIS
office to have your fingerprints and digital photo taken (You
need not submit a fingerprint card.)
No Waiver, but Fee Exemptions are provided in very limited
circumstances
Begin Gathering Documentation
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Visit our website www.nodreamdeferred.org for the
deferred action TOOLKIT
Copy of Passport or any Prior Visa
Birth Certificate – Marriage/Divorce Certificate
Any Court Records
Any School Records
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Diploma, GED, Transcript, School ID, etc.
Proof of Physical Presence from June 15, 2007 to
present
Medical Records
Encounters with CBP and ICE
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CBP and ICE should not initiate removal proceedings
against individuals eligible for deferred action.
Explain to ICE that you qualify for deferred action.
Keep your documentation in a safe area that can
be easily located by others
Travel Guidelines
Travel Dates
Type of Travel
Does it Affect
Continuous
Residence?
Before August 15,
2012
- Brief
- Innocent
- Casual
No
Before August 15,
2012
- For an extended
period of time
- Due to an order of
exclusion,
deportation, or
removal
- To participate in
criminal activity
Yes
Common Questions
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What if Obama is not reelected?
Will I be referred to ICE if my application is
denied?
Do my parents, siblings, or significant others benefit
from my deferred action?
Can I get a driver’s license?
Please Visit Our Website
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www.nodreamdeferred.org
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Updated Information will be linked to the site
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Lists of documentation necessary for Deferred
Action will be provided
DO NOT GO TO A NOTARIO!
FREE
LEGAL
HELP
THERE IS
NO NEED
TO GO
TO
NOTARIO!
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No Dream Deferred Coalition will have
Workshops to aid Dreamers in filling out
their forms when USCIS gives more
guidance.
This help will be for FREE and will utilize
the expertise of AILA attorneys.
BEWARE of notarios or others who
would take advantage of your situation.
Organizing Your Application
USCIS
Applications:
Form G-1145 (e-notification)
Form I-821 (DACA application)
 Did
you sign it on page 4?
Form I-765 (work permit application)
 Is
it signed?
Form I-765 WS
Organizing Your Application
$$$$$$$$$
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Check or Money Order
 Signed?
 Made
payable to “Department of
Homeland Security?
 Your Name and Date of Birth on check?
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Photos
Two passport-type photos
 Your
name and Date of Birth on back? (or
A#, if you have one)
Organizing Your Documents
#1
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Proof of Identity and Age
 Passport
OR
 Birth Certificate (with translation),
accompanied by photo ID
OR
 National ID from home country with photo
and/or fingerprint (cedula, for example)
Organizing Your Documents
#2 Arrival
before the
age of 16
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Evidence of Entry Before Age 16
 Probably
 Can’t
will use school records, transcript
use Affidavit
Organizing Your Records
#3
Continuous
Residence
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Evidence of Continuous Residence
since June 15, 2007
June 15, 2007….
2008
2009
2010
2011
2012 up to time you apply
Organizing Your Documents
# 4 Were
you in the U.S.
on June 15,
2012?
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Evidence of Physical Presence in
United States on June 15, 2012:
 Doesn’t
have to be “on” June 15; can be
shortly before and shortly afterwards
 Can’t use Affidavit for this requirement
 Facebook?
Organizing Your Documents
#5
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Proof of Education:
Education
 High
School Diploma
or
 GED Certificate
or
 Proof of Current Enrollment in School
Organizing Your Documents
#6 Must be
out of status
on June 15,
2012

Proof of Unlawful Status on June 15,
2012
 (if
you entered without a visa, you do not
have to do anything and can ignore this)
 If you had a visa or a Border Crossing
Card, you must show that your status
expired as of June 15, 2012
 How?
With expired I-94
Organizing Your Documents
You’ll also
need to
provide these
documents if
any of these
items apply to
you:
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Criminal Records, if any
Immigration/Removal proceedings
records, if any
Absences since 6/15/2007
 Must
demonstrate that exit was brief,
casual and innocent
And the final steps…….
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Make a copy of the applications and
supporting documents for your records
Send original copy to USCIS by
certified mail at the following address:
USCIS
PO Box 20700
Phoenix, AZ 85036-0700
What happens after filing?
“I’m excited
and nervous
at the same
time!”
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Receipt Notices for I-821D and I-765
Biometrics/Fingerprinting appointment
at USCIS office (16th Street, south of
Buckeye)
Probably no interview
Waiting time? Appears to be moving
swiftly!
THANK YOU FOR LETTING US HELP KEEP YOUR
DREAM ALIVE!
NODREAMDEFERRED.ORG