New York Lawyer's Legal Updates

USCIS Answers Important Questions Regarding DACA

Author: US immigration lawyer Alena Shautsova

The USCIS just published its answers to the most important questions that many DACA applicants have been struggling with from the beginning of the program.

The answers clarify the following questions:

  • New - Q2: May I travel outside of the United States before USCIS has determined whether to defer action in my case?
  • New - Q3: If my case is deferred pursuant to the consideration of deferred action for childhood arrivals process, will I be able to travel outside of the United States?
  • New - Q9. How should I fill out question nine (9) on the Form I-765, Application for Employment Authorization?
  • New - Q3. To prove my continuous residence in the United States since June 15, 2007, must I provide evidence documenting my presence for every day, or every month, of that period?
  • New - Q4. If I provide my employee with information regarding his or her employment to support a request for consideration of deferred action for childhood arrivals, will that information be used for immigration enforcement purposes against me and/or my company?

The answer to the last question is particularly interesting as it states that “This information will not be shared with ICE for civil immigration enforcement purposes pursuant to INA section 274A unless there is evidence of egregious violations of criminal statutes or widespread abuses.” As such, it may deter many employers from assisting immigrants with their DACA applications.

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

15 September 2012
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