Do you Qualify for Deferred Action for Childhood Arrivals (DACA) of 2012?

 

What is DACA of 2012?

DACA is a temporary two -year legal status for certain immigrants. DACA does not lead to a green card or citizenship. However, there may be other legal options that allow DACA recipients to get a higher legal status.  Go here for more information:  http://e4fc.org/deferredaction.html

 

How do I qualify for DACA 2012?

You have to meet the following rules:

• You were brought to the United States before age 16;
• You do not have legal status;
• You lived in the US since at least June 15, 2007 and have not left the US and come back;
• You are currently in school, graduated from High School, have a GED or were honorably discharged from military;
• You have no felony record, significant misdemeanors or multiple minor misdemeanors;
• You were physically in the US on June 15, 2012 (the day the program was announced).

What are the benefits of DACA of 2012?

• Legal status that lasts for 2 years (then must be renewed);
• Protected from deportation for 2 years;
• Can obtain a work permit for 2 years, if granted when applying;
• Allowed to apply for and receive a SSN.
• In SC, can enroll in state funded colleges, but must pay the out of state tuition rate.
• In SC, can enroll in private colleges.

 

Unfortunately, DACA recipients cannot receive any help through the Free Application for Federal Student Aid (FAFSA).  They do not qualify for any other federal grants or scholarships. DACA youth are not eligible for SC state based grants or scholarships. DACA recipients must rely on private grants and scholarships to pay for their higher education. They also do not qualify for professional licenses issued by SC Labor, Licensing and Regulation.  Youth need to check LLR’s website, at the link below, to see how this limits their career options. http://www.llr.state.sc.us/

Who can help me apply for DACA of 2012?

Only go to a qualified immigration attorney.  You can find a list here:   http://www.aila.org/  Look for the “find a lawyer” link on the website.

You can also contact one of these low cost providers.

 

Digna Ochoa Center for Immigration Legal Assistance

Columbia

(803) 929-1940

 

Catholic Charities

Greenville

(864) 242-2233 Ext. 204

 

Catholic Charities

Hilton Head

(843) 785 -2200

 

Catholic Charities

Mt. Pleasant

(843) 388-0089

 

Do not use a notario, notario publico, immigration consultant or notary.  They are not lawyers and do not have the required training and knowledge to make sure you qualify for DACA. Filling out an immigration form with false information could result in deportation proceedings. This can happen if you use someone who does not understand immigration laws.

 

Is there anything else I should know?

Yes.  Start gathering some or all of the documents listed below.  They will help you prove you meet the rules for DACA.

SUPPORTING DOCUMENTS

Proof of Age and Identity

• Copy of birth certificate, with English translation (there are companies that provide this service) AND a photo ID

Photo ID:

• Copy of your passport; talk to your consulate about obtaining your passport if you do not have one.
• Copy of your matrícula consular/cédula; talk to your consulate about obtaining this document if you do not have one.

 

The documents listed below will help you prove the following:

 

• coming to the US before age 16
• not having legal status as of 06/15/2012
• being in the US since at least 06/15/2007
• in the US on 06/15/2012
• in the US the day your application is filed

• Copy of medical records and proof of vaccinations;
• A letter from your doctor with the dates you received medical care;
• Bills in your name, like your cell phone, utilities, or water;
• Bank account records;
• Taxes that you filed or on which you are listed as a dependent;
• Letters from your jobs listing dates you worked there;
• Copies of leases, rent receipts, or mortgages;
• A list of all your addresses since moving to the US with the month/year you started and stopped living there.
• Receipts showing you bought things;
• Church records showing events such as baptism/first communion/wedding;
• Stamps in your passport or I-94 cards/visas showing you came in legally;
• Travel records, such as tickets showing your date of entry into the US;
• Money order receipts showing you sent money to your native country;
• Birth certificates of your children born in the US;
• Health, car, or life insurance policies in your name or listing you as a beneficiary;
• Postmarked letters with your name, address, and the date mailed;
• Car titles or vehicle registration documents in your name;
• Notarized affidavits from 2 or more people stating you were in the US during the last five years. Immigration limits the number of affidavits you can submit.  See their website for more information. http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process

PROOF OF SCHOOL OR MILITARY REQUIREMENTS

 

• High school or college diploma;
• School transcripts, report cards, and awards or certificates received in school;
• Your GED certificate;
• Military records showing you were honorably discharged from the Coast Guard or US Armed Forces;
  • Report of military separation forms
  • Military personnel records
  • Military health records.

 

Visit United States Citizenship and Immigration Services (USCIS) website for more information. All the required forms to apply are there, as well as frequently asked questions.  USCIS is the US government agency that approves people for DACA.

http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process

 

This is not all of the information that you need to know about DACA of 2012.  Speak to an attorney.

If you do not have a lawyer, the South Carolina Bar Lawyer Referral Service can give you the name of a lawyer who is willing to meet with you and advise you at a lower rate. For the name of a lawyer in your area; call the Lawyer Referral Service (800) 868-2284 statewide or (803) 799-7100 in Columbia.

This brochure was published by the South Carolina Appleseed Legal Justice Center. Funding was provided by the South Carolina Bar Foundation’s Interest on Lawyer Trust Accounts (IOLTA) program. South Carolina Appleseed Legal Justice Center is dedicated to advocacy for low-income people in South Carolina to effect systemic change by acting in and through the courts, legislature, administrative agencies, community and the media, and helping others do the same through education, training and co counseling.

To find out more about SCALJC, go to www.scjustice.org on the Internet. This brochure and others can also be found online by going to www.scjustice.org and clicking on

‘Brochures.’

Copyright retained by South Carolina Appleseed Legal Justice Center. For permission to reproduce this brochure, contact SCALJC at P.O. Box 7187, Columbia, SC 29202.

Updated March 2015