Summary Of Today’s @USCIS Stakeholder Call On #DACA

If you missed the USCIS conference call this afternoon, here is a summary of the main points  made by Director Alejandro Mayorkas:

•             USCIS is ready receive DACA applications; process is clear and organized DACA FAQs updated.  Click HERE;

•             Forms are: I-821D & I-765 App for Et Authorization & I-765 WS and are available online;

•             USCIS will review juvenile delinquency on a case by case basis; public safety will be key consideration;

•             Educational requirement must lead to placement in secondary education;

•             Offers broad interpretation of “in school” for DACA applicants; burden is on the applicant to show educational program  qualifies;

•             If applicant meets DACA requirements but is under the age of 15, he/she may apply once age requirement met;

•             DACA applicants with final orders of deportation/removal are eligible for Deferred Action;

•             No deadline for DACA process;

•             Exercise of prosecutorial discretion is individualized and case by case depending on facts.  USCIS will review DACA applications under “totality of circumstances”;

•             DACA applicants’ previous immigration fraud could lead to denial as a matter of discretion;

•             USCIS will NOT share information about family members contained in DACA applications with ICE and CBP for purposes of enforcing the civil provisions of the immigration law; and

•             USCIS emphasizes that the burden of proving eligibility is on DACA applicants.

About David Leopold
Past President American Immigration Lawyers Association (AILA), In-the-Trenches practicing immigration Attorney, Blogger, Activist, Photographer, Educator, World Traveler. All opinions are my own.

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