New York Lawyer's Legal Updates

May the Migrant Workers Apply for DACA Relief?

Author: Immigration attorney Alena Shautsova

While the USCIS accepting applications from hundreds of undocumented young people, many still will not qualify as they cannot produce proof of school attendance or being currently in school.

This is particularly true for migrant workers, those who come to work seasonally. In addition, this category of potential applicant may also face challenges proving continuous physical presence in the country.

Note that according to the DHS, school records act as the best evidence for both continuous presence and education requirements.

To satisfy school enrollment requirement, an applicant may enroll in Language School, as long as applicant’s job/job placement would be conditioned on completion of the language course, and applicant can demonstrate that with relevant documents (ex. letters from the hiring manager; supervisor at the job training program). Note that the USCIS also requires evidence that the “program is one of demonstrated effectiveness.”

If you have immigration concerns, consult a skilled New York immigration lawyer and find out about your options.

05 September 2012
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