- NOTE: Both DACA (Deferred Action for Childhood Arrivals) and DAPA (Deferred Action for Parents) are on hold pending resolution of legal challenges. (link to update from National Law Review, July 25, 2015)
Immigration Reform Overview
For a succinct and easy to follow explanation of the ins and outs of immigration, click here. It is not an official government site but it gives a lot of background information and appears to be correct. (I’m not an attorney…)
Got DACA, Now What?
Deferred Action for Childhood Arrivals (DACA)
On June 15, 2012, President Obama issued a policy change through the Department of Homeland Security known as the Deferred Action Policy declaring that an undocumented student should not be subject to deportation if he or she meets the following conditions:
- came to the United States under the age of 16
- has resided here continuously for five years
- is currently in school, graduated from high school, has obtained a general education certificate, or was honorably discharged from the armed services
- has a clean record
- is not above the age of 30.
Instructions for implementation of the order were issued by August 15, 2012. These requirements are similar to those proposed in the Dream Act which has yet to be passed by both houses of Congress and which would also allow a pathway to citizenship. The current order only prevents deportation of select individuals.
Instructions on How to Apply and forms to complete:
- Individuals *must* file the following forms:
- I-821D Deferred Action Form (I-821D Instructions)
- I-765 Application for Employment Authorization
- I-765 Employment Authorization Worksheet
This is recommended, but not mandatory:
- Form G-1145 – E-Notification of Application/Petition Acceptance (you’ll want to paperclip this to the front of the Form I-821D)
Beyond Deferred Action – Long Term Immigration Remedies
An immigration law firm in California has compiled this comprehensive guide on 6 possible remedies:
- Employment-Based Green Card (Permanent Residency) for DREAMers with LIFE Act (245i) Protection
- Adjustment of Status through Marriage to a U.S. Citizen
- U-Visas for Victims of Crime Who Assist Law Enforcement
- Follow-up on Parents’ Application
- Temporary Working Visas (such as the H-1B) and Processing in Your Home Country
Ensuring College Access Para Todos: A Guide for Advising Immigrant Students. This detailed guide is from the Adelante Education Coalition, a collaboration of multiple organizations from across North Carolina that work on education issues affecting Latino and migrant students and their families in North Carolina. The coalition’s members represent many non-profit sectors including advocacy, public policy, community organizing and education.