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Friday, August 17, 2012

Deferred Action for Childhood Arrivals: Help with Applications, Process and thought process behind it

The big day has arrived (and gone) on August 15, 2012, marking the commencement for accepting the request for "Consideration of Deferred Action for Childhood Arrivals". I will try to answer some basic questions which people may not have found the answers to on USCIS website due to storm of information buffeted at them at once.

Should we apply as soon as possible? 
Apply as soon as possible but do not rush feel left out if others have already applied.  Do not leave it to the USCIS to ask for more information as it can can add another fortnight to processing time.

Should I submit anything other than evidence document or anything redundant? 
Other than essential documents to prove that you meet the requirements, only attach your defining certificates and achievements. Think about what defines your career and what achievement is just a dabbling effort.

What does this process exactly mean in practical terms? 
Well, it is a consideration and not a guarantee.  Even if you meet all the requirements, the application can be denied and you can do nothing about it.

So, how will USCIS decide on who to approve and who not to approve within the section of people who meet the basic requirements? 
The application will be denied if you fail to meet ALL the requirements. USCIS will then select (leniently, of course) those who it believes will go on to become a productive part of the society.


What is the administration's motif behind all this? 
The overt motif is to bring young individuals into light and give them a fair chance to a better life and let them churn the economy.  But remember, even if you are granted deferred action, you are still an illegal immigrant stuck in a state of limbo at a price of behaving responsibly if in order to renew the deferral after two years.  USCIS can conveniently deport individuals who present threat to US since now they are "documented".

What are we exactly getting ourselves into when we apply for the deferred action? 
As young illegal immigrants, most of you are not on record of Homeland Security and Immigration department.  By applying for this initiative you are surrendering yourself to the mercy of the government. So, be careful and only apply if you think you've been a good and progressive member of the society because government is not mandated to answer anyone for their decisions.

What are the applications? 
Required applications: Form I821D (Main application), Form I765 (Work permit), Form I765W (Work permit worksheet).
Optional Applications: Form G-1145 (for electronic updates), Form G-28 (filled by a lawyer or accredited representative, if you hire one).

What about lawyers and how do I stay away from scams? 
Hire a lawyer or at least consult qualified individuals volunteering to help with the process (such as NYSYLC).  A careful submission will pay off big time in the coming months! Only if your evidence is absolutely unambiguous and you are crystal clear about the process, Do it yourself.

Hiring a lawyer doesn't mean you should be oblivious to the process. In fact, try to stay ahead.  Do a lot of research by reading everything laid out on USCIS website which is the official word in any case.  Ask your lawyer questions you think he/she should know. Select your lawyer on the basis of their insight.

Make sure your lawyer fills out the Form G-28 and puts down a state license number on top of Form I821D because that's the only way for you to know if your lawyer is currently allowed to practice. There are many non-attorneys who are volunteering to help with the process.

What should I pay the lawyers for and how much should I pay them? 
Only pay lawyers for this particular process and not to apply for SSN, driver's license and advanced parole document (permission to travel abroad). A decent lawyer fees, based on my investigation is $600-$800 plus $465 (application fee).  If the lawyer asks a lot more than that (like N.M. Gehi who asks for $3000!), look for other attorney.  All you need is a work permit to get SSN and these two documents will get you your driver's license. Both are simple processes and officials will help you with the application filing.

What is the processing time like? 
People are getting their work permits even within a month! USCIS is definitely chipping in extra hours.  Generally, I think 1-2 months is a good estimate.

What is next once my application is approved and I receive my work permit? 
Once you have a work permit, you can receive SSN.  Once you have SSN and work permit, you can get your license. Both are very simply processes and you don't need to pay anyone to help you with it.  You can also apply for advanced parole if you need to travel abroad, but let's not get into it at this point.

Is there a final word?
Of course, there is. This process is a favor to you by the US Government (precisely, President Obama), so appreciate it by making an honest living, being a decent and productive individual and reflecting your best self.  With such intentions in mind, you shall cross the bridge to a better life! God Bless.

For any questions, leave a comment!
OCTOBER 17, 2012 UPDATE

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