Below are most of my notes from the stakeholder's meeting with USCIS about DACA yesterday:
Notes from USCIS Stakeholder meeting on November 19, 2012
Last Friday the USCIS.gov/childhood arrivals wensite was updated. Later today there will be new updates to the filing tips, and new FAQs as well as translations into new languages.
As of mid November almost 300,000 applications have been received. On September 12th the Service began deciding these cases. So far 50,000 cases have been decided. Cases must have biometrics completed before they can be reviewed. So far all cases are within the four to six month goal. The Service will provide regular updates about processing times and numbers.
Will misdemeanor charges of No license affect eligibility? Traffic violations will not be considered as non-significant misdemeanors regardless of how the state classifies them. However many violations will cause the case to be evaluated under the totality of the circumstances to determine if the applicant poses a threat to safetly.
Why are there differences in processing times? Generally cases are “first in, first in right” however there are “immaterial deviations” in that due to processing times at different service centers and adjudicators.
Is a conviction for breath test refusal a significant misdemeanor? Unknown
If a person is 14 years old now, can they apply later? Yes.
How many denials are there so far? Unknown. Because an RFE allows 84 days to respond, and a Notice of Intent to Deny allows 30 days to rebut, there is insufficient data on denials so far.
If a person is denied can they re-apply? Yes.
Can a person apply if they satisfy all but one requirement? No
What if a person made a false claim to citizenship? Those cases are very fact-specific. They are evaluated on a case by case basis.
Can a person apply if they have a final order of deportation? Yes
Can a person use employment records even if they show a false SS#? Yes
Can a GED program in Spanish qualify an applicant? Yes
If an applicant has an order of deportation and receives DACA, can they reopen their deportation based on the grant of DACA? Yes.
If a DWI has been expunged, can an applicant qualify? Case will be reviewed under the totality of the circumstances.
Note- Cases are reviewed based on the convictions, not the original offenses. In other words a DWI reduced to “wet reckless” does not necessarily disqualify one for DACA. However the Service is not precluded from looking at the original charge because DACA is discretionary.
(This summary is courtesy of the Immigration Benefits for Dream Youth Facebook page, https://www.facebook.com/katychavezdreamers )
The “in school” requirement does not discriminate based on whether the program is faith-based or not.
Advance Parole will be granted on a humanitarian basis, on a case by case basis.
Is there news about the Provisional Waiver Program? Expect it to be available THIS CALENDAR YEAR.
For updates about news about the Provisional Waiver program, check my Provisional Waiver page, I-601a Provisional Waiver Attorney
I will post more news about DACA soon!