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CONSIDERATION FOR DEFERRED ACTION FOR CHILDHOOD ARRIVALS TO DEFER THE REMOVAL OF CERTAIN PERSONS WHO CAME TO THE UNITED STATES AS CHILDREN

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Welcome to ImmigrationLinks.com, Inc., "Your Immigration Link to the World". The information contained in this iKitsTM is the most accurate, up-to-date information available, and will allow the average person to find out about new changes in the immigration laws, so that they can prepare and file their own immigration case without the need of spending hundreds, and even thousands, of dollars on attorneys' fees. *Terms of use and disclaimer.

© 2000–2012, ImmigrationLinks.com, Inc.

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NOTE THIS PRODUCT PREVIEW FOR THE iKIT

TM

HAS BEEN MODIFIED TO SHOW SELECTED PAGES AND DOES NOT REPRESENT THE

iKITTM IN ITS ENTIRETY. THIS iKITTM HAS 58 PAGES IN TOTAL, TOGETHER WITH LINKS TO ALL OF THE REQUIRED IMMIGRATION FORMS, STATUTES, AND REGULATIONS, AND CONTAINS LINE-BY-LINE INSTRUCTIONS FOR COMPLETION OF ALL OF THE REQUIRED FORMS.

© 2000–2012, ImmigrationLinks.com, Inc.

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TABLE OF CONTENTS SECTION I - IKIT OVERVIEW .................................................................................................................................... 5 A. B. C. D. E. F. G.

WHO SHOULD USE THIS IKIT? ................................................................................................................................5 WHAT IS DEFERRED ACTION? .................................................................................................................................5 WHO MAY FILE? .................................................................................................................................................7 WHO CAN’T FILE? ................................................................................................................................................8 EMPLOYMENT AUTHORIZATION (WORK PERMIT) AVAILABILITY ...................................................................................11 PROCESS OVERVIEW ...........................................................................................................................................11 DEFINITIONS......................................................................................................................................................13

SECTION II – IMMIGRATION FORMS, DOCUMENTS & EVIDENCE .......................................................................... 15 A. B.

C. D.

FORMS OVERVIEW .............................................................................................................................................15 REQUIRED DOCUMENTS AND EVIDENCE FOR APPLICATION .........................................................................................15 1. PROOF THAT YOU WERE UNDER THE AGE OF 31 AS OF JUNE 15, 2012 ...................................................................15 2. PROOF OF ENTRY INTO THE UNITED STATES BEFORE AGE 16 ..................................................................................16 3. PROOF OF CONTINUOUS RESIDENCE IN UNITED STATES SINCE JUNE 15, 2007, AND AT THE TIME OF MAKING YOUR REQUEST FOR DEFERRED ACTION .....................................................................................................................16 4. PROOF THAT YOU WERE PHYSICALLY PRESENT IN THE UNITED STATES ON JUNE 15, 2012, AND AT THE TIME OF MAKING YOUR REQUEST FOR CONSIDERATION OF DEFERRED ACTION ..................................................................................19 5. PROOF THAT YOU ENTERED THE UNITED STATES WITHOUT INSPECTION BEFORE JUNE 15, 2012, OR YOUR LAWFUL IMMIGRATION STATUS EXPIRED AS OF JUNE 15, 2012 .........................................................................................20 6. PROOF THAT YOU HAVE FULFILLED THE EDUCATIONAL OR MILITARY SERVICE REQUIREMENTS ......................................21 7. ADDITIONAL DOCUMENTATION TO SUBMIT IF YOU ARE CURRENTLY OR HAVE BEEN IN REMOVAL PROCEEDINGS ..............23 OTHER EVIDENCE ...............................................................................................................................................23 TRANSLATIONS...................................................................................................................................................24

SECTION III – IMMIGRATION LAWS ...................................................................................................................... 26 SECTION IV – FILLING OUT THE FORMS ................................................................................................................ 27 A. B.

C.

D.

GENERAL TIPS....................................................................................................................................................27 I-821D– CONSIDERATION FOR DEFERRED ACTION FOR CHILDHOOD ARRIVALS (MANDATORY FORM) ................................28 1. LINE BY LINE INSTRUCTIONS FOR FORM I-821D (TO BE COMPLETED BY REQUESTOR) ..................................................28 2. CHECKLIST FOR FORM I–821D ........................................................................................................................32 I-765 – APPLICATION FOR EMPLOYMENT (MANDATORY FORM).................................................................................33 1. LINE BY LINE INSTRUCTIONS FOR FORM I-765 (TO BE COMPLETED BY THE REQUESTOR) ..............................................33 2. CHECKLIST FOR FORM I-765 ...........................................................................................................................35 I-765WS – APPLICATION FOR EMPLOYMENT WORKSHEET (MANDATORY FORM) .........................................................36 1. LINE BY LINE INSTRUCTIONS FOR FORM I-765WS (TO BE COMPLETED BY REQUESTOR)...............................................36

SECTION V – PREPARING YOUR PACKAGE ............................................................................................................ 38 A. B. C. D. E.

ADMINISTRATIVE ................................................................................................................................................38 COVER LETTER TO USCIS .....................................................................................................................................38 OTHER SAMPLE DOCUMENTS ...............................................................................................................................38 ELECTRONIC NOTIFICATION OF FILING ....................................................................................................................38 SUBMITTING THE I-821D PACKAGE .......................................................................................................................39

SECTION VI– AFTER FILING ................................................................................................................................... 40 A.

RECEIPT NOTICES AND INQUIRIES ..........................................................................................................................40 1. I-821D – PLEASE PAY ATTENTION TO THE FOLLOWING: ........................................................................................40 2. I-765 – PLEASE PAY ATTENTION TO THE FOLLOWING:...........................................................................................40 3. APPOINTMENT NOTICE ..................................................................................................................................41

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SECTION I - iKIT OVERVIEW A.

WHO SHOULD USE THIS IKIT? This iKit is for certain young people (“Requestor”) who meet the following qualifications and want the Department of Homeland Security (DHS) not to pursue enforcement against them for a period of two years, subject to renewal for additional years: 1. You were born after June 15,1981 (i.e., You were not age 31 or older on June 15, 2012); 2. You came to the United States before reaching your 16th birthday; 3. You have continuously resided in the United States since June 15, 2007, up to the time of making the request for consideration of deferred action with United States Citizenship and Immigration Services (USCIS); 4. You were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS; 5. You entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012; 6. You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; 7. You are at least 15 years of age at the time of filing, if required; 8. You have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to the national security or public safety; and are not currently in immigration detention (except where DHS determines there are exceptional circumstances). This deferred action does not provide the individual with permanent lawful status or a pathway to obtaining permanent lawful status, nor does it alter the Requestor’s current immigration status. Further, deferred action cannot be used to establish eligibility for any immigration benefit that requires maintenance of lawful status. Requests for relief will be decided on a case-by-case basis, and Requestors must pass a background check before they can receive deferred action. Individuals who receive deferred action may also apply for and may obtain employment authorization provided that they can demonstrate an economic necessity for their employment.

B.

WHAT IS DEFERRED ACTION?

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SECTION II – IMMIGRATION FORMS, DOCUMENTS & EVIDENCE A.

FORMS OVERVIEW The chart below lists the forms that are necessary for applicant to successfully file for childhood deferred action and for employment authorization.

Form Number I-821D I-765 I-765WS

Name of Form Request for Deferred Action for Childhood Arrivals Application for Employment Authorization Worksheet for Employment Authorization Application

1. Requestor – The Requestor MUST fill out the following forms: a. Form I–821D; b. Form I–765; c. Form I-765WS; 2. Requestor – The Requestor has the option of requesting electronic notification of acceptance of the application. To receive this notice, click the following link to download and complete Form G-1145, E-Notification of Request Acceptance. B.

REQUIRED DOCUMENTS AND EVIDENCE FOR APPLICATION The applicant must provide evidence that the requirements for deferred action for childhood arrivals, and, if applicable, for employment authorization have been met. The following are the documents necessary to satisfy each requirement. If you do not have any of the listed documents, see “Other Evidence” in Section C below. All documents must be originals or certified copies, but unless specifically stated, only copies of these original documents should be sent with the request filed with USCIS. However, you must retain these originals or certified copies should they be requested at a later date. 1. PROOF THAT YOU WERE UNDER THE AGE OF 31 AS OF JUNE 15, 2012 Requestor must submit evidence that he/she was under the age of 31 as of June 15, 2012. The following evidence may be used.

PRIMARY EVIDENCE THAT REQUESTOR WAS UNDER THE AGE OF 31 AS OF JUNE 15, 2012 a. Passport; b. Birth certificate with photo identification; c. School or Military identification with photo;

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SECTION IX – CONCLUSION If you have followed all of the instructions in this iKitTM you are well on your way to obtaining deferred action status in the United States. You have been able to prepare your entire request for deferred action at a fraction of the cost that you would pay to an immigration law attorney. In addition, you have been prepared far better for your request than you would be if you were doing the case yourself, without the aid of this iKitTM. It has been our pleasure to assist you with your case. If at any time you feel that you need to speak with one of the immigration law attorneys from this office, you can call us at (407) 8338951 or make an appointment online. Furthermore, we hope that you will continue to visit our website at www.ImmigrationLinks.com for any information you need regarding US Immigration Law.

WELCOME TO THE UNITED STATES OF AMERICA!

© 2000–2012, ImmigrationLinks.com, Inc.

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