Does My Husband Qualify For Dream Act?

[HisWife 6]

Hello All... 
Im new to this so bear with me lol, i want to ask a couple of questions that has to do with my husband's immigrant status and let you know some of his specifics just to see if he'll be easily qualified (for those that already went through the process) or will he have a hard time.


My husband is currently 25 years of age. (born 89)
his grandparents brought him over at the age of 9 months (89)
he came to school here in California, from preschool, graduated high school in 06, and went to California State University until 2008 (when I got pregnant with our first child)
We got married in 08, i went on welfare because we couldnt afford just my salary, he is working odd/end jobs to make up for the rest of the money. 
I am now pregnant with our 2nd child and he wants to work legally. 

does me being on welfare affect him even though i get NO benefits for him due to his immigrant status or does his Dream Act application have anything to do with me? 

please let me know and im praying for all of you hard workers that want to better yourselves just like my husband wants to. GOD BLESS.

[Theresa 63]

obtaining benefits for your US citizen child or wife will not be a negative factor in considering your Deferred Action for Childhood Arrivals (DACA) application.

[Zoey84 5]

He should definitely apply..like the above poster said that shouldn't affect him at all..my husband (us citizen) gets medicaid for our 2 kids and it didnt affect me at all because im not the one receiving the benifits, but our 2 US born kids are. So if anything its good cuz that shows that you need him to get a work permit so he can help you out with the bills.

[cheated 20]

agreed with the 2 posters above me..

 

being on welfare won't impact anything. he should apply

[Dreamer3oh3 40]

He seems like a good candidate, some things that weren't metioned "criminal record" and "lawful presence since June 15, 2007" requirements must be met, if he meets everything then he should apply asap!

Guidelines

You may request consideration of deferred action for childhood arrivals if you:

1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Age Requirements

Anyone requesting consideration for deferred action under this process must have been under 31 years old as of June 15, 2012. You must also be at least 15 years or older to request deferred action, unless you are currently in removal proceedings or have a final removal or voluntary departure order, as summarized in the table below:

 

Your situation Required age I have never been in removal proceedings, or my proceedings have been terminated before making my request. At least 15 years old at the time of submitting your request and not over 31 years of age as of June 15, 2012.

I am in removal proceedings, have a final removal order, or have a voluntary departure order, and I am not in immigration detention.

Not above the age of 31 as of June 15, 2012, but you may be younger than 15 years old at the time you submit your request. Timeframe for Meeting the Guidelines

 

You must prove That on June 15, 2012 you As of the date you file your request you

• Were under 31 years old
• Had come to the United States before your 16th birthday
• Were physically present in the United States
• Entered without inspection by this date, or your lawful immigration status expired as of this date

• Have resided continuously in the U.S. since June 15, 2007;
• Were physically present in the United States; and
• Are in school, have graduated from high school in the United States, or have a GED; or
• Are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States

Education and Military Service Guidelines

 

Your school or military status at the time of requesting deferred action under this process Meet education or military service guidelines for deferred action under this process (Y/N)

I graduated from:

• Public or private high school; or
• Secondary school.
  Or
• I have obtained a GED.

Yes

I am currently enrolled in school.

See the Education section of the FAQs for a full explanation of who is considered currently in school.

Yes I was in school but dropped out and did not graduate. I am not currently in school and am not an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S. No

I am an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.

Yes

 

[Theresa 63]

Here is a Reference guide for your husband's application

This is what I sent 

Since I was already 30, I had to send more continuous presence evidence ( in chronological order photos on the front, check next, then the completed forms, etc. ). Most of it was school ids and papers, bank statements, immunization cards, doctors papers, rent contracts,

10. I sent one proof of every year from 1989-2006 (this also showed I was 15 to prove I was her before I was 16)

9.  Proof of June 15, 2007 I sent something that showed the closest, (3 days before and a 5 days after)

8.  Proof every 3 months from October 2007 to march 2012 (if you are just sending you application, you need send one proof every trimester of 2013 as well and we are currently on the third trimester)

I sent 4 papers a year for the continuous presence from June 15, 2007 to The present time ( 1 every 3 months/trimester)

You divide each year in 4 like this,

January, February, March (anything from this trimester)

April, May, June (anything)

July, August, September (anything)

October, November, December (anything) 

7.  Proof of June 15, 2012  here I had a bank statement that showed my transactions on that day

6.  High school Diploma, GED or registration and school attendance if enrolled in school towards GED

5.  Birth certificate with notirized translation ( I'll try to post an example of the translation and anyone  who is bilingual other than you can translated and notirize it).

4.  Passport and other school ID's 

3.  Forms I-821D, I-765, I-765ws, G-1145 

2.  Cashiers check of $465 made out to US DEPARTMENT OF HOMELAND SECURITY

1.  2 passport photos  

[HisWife 6]

 

He seems like a good candidate, some things that weren't metioned "criminal record" and "lawful presence since June 15, 2007" requirements must be met, if he meets everything then he should apply asap!

Guidelines

You may request consideration of deferred action for childhood arrivals if you:

1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Age Requirements

Anyone requesting consideration for deferred action under this process must have been under 31 years old as of June 15, 2012. You must also be at least 15 years or older to request deferred action, unless you are currently in removal proceedings or have a final removal or voluntary departure order, as summarized in the table below:

 

Your situation Required age I have never been in removal proceedings, or my proceedings have been terminated before making my request. At least 15 years old at the time of submitting your request and not over 31 years of age as of June 15, 2012.

I am in removal proceedings, have a final removal order, or have a voluntary departure order, and I am not in immigration detention.

Not above the age of 31 as of June 15, 2012, but you may be younger than 15 years old at the time you submit your request. Timeframe for Meeting the Guidelines

 

You must prove That on June 15, 2012 you As of the date you file your request you

• Were under 31 years old
• Had come to the United States before your 16th birthday
• Were physically present in the United States
• Entered without inspection by this date, or your lawful immigration status expired as of this date

• Have resided continuously in the U.S. since June 15, 2007;
• Were physically present in the United States; and
• Are in school, have graduated from high school in the United States, or have a GED; or
• Are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States

Education and Military Service Guidelines

 

Your school or military status at the time of requesting deferred action under this process Meet education or military service guidelines for deferred action under this process (Y/N)

I graduated from:

• Public or private high school; or
• Secondary school.

  Or

• I have obtained a GED.

Yes

I am currently enrolled in school.

See the Education section of the FAQs for a full explanation of who is considered currently in school.

Yes I was in school but dropped out and did not graduate. I am not currently in school and am not an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S. No

I am an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.

Yes

 

 

Ok so that's where it gets tricky. 

We have ALL documents needed EXCEPT for the proof of the June 15, 2012 part. 

He literally did NO transactions that day, he literally didn't even update his facebook status lol. 

But we did go on a father's day trip to San Francisco which was the 16th of June but the picture we took which is me, our son, and him isn't time stamped it just shows us in front of the Golden Gate Bridge. 

He has no criminal record but only thing he has gotten is Traffic Citations due to him driving without a license due to his obvious immigrant status. We have stuff, receipts in his name that are AFTER june 15th. so we have everything but that. so what do I do now?

[HisWife 6]

Here is a Reference guide for your husband's application

This is what I sent 

Since I was already 30, I had to send more continuous presence evidence ( in chronological order photos on the front, check next, then the completed forms, etc. ). Most of it was school ids and papers, bank statements, immunization cards, doctors papers, rent contracts,

10. I sent one proof of every year from 1989-2006 (this also showed I was 15 to prove I was her before I was 16)

9.  Proof of June 15, 2007 I sent something that showed the closest, (3 days before and a 5 days after)

8.  Proof every 3 months from October 2007 to march 2012 (if you are just sending you application, you need send one proof every trimester of 2013 as well and we are currently on the third trimester)

I sent 4 papers a year for the continuous presence from June 15, 2007 to The present time ( 1 every 3 months/trimester)

You divide each year in 4 like this,

January, February, March (anything from this trimester)

April, May, June (anything)

July, August, September (anything)

October, November, December (anything) 

7.  Proof of June 15, 2012  here I had a bank statement that showed my transactions on that day

6.  High school Diploma, GED or registration and school attendance if enrolled in school towards GED

5.  Birth certificate with notirized translation ( I'll try to post an example of the translation and anyone  who is bilingual other than you can translated and notirize it).

4.  Passport and other school ID's 

3.  Forms I-821D, I-765, I-765ws, G-1145 

2.  Cashiers check of $465 made out to US DEPARTMENT OF HOMELAND SECURITY

1.  2 passport photos  

 

 

what is form g-1145 for?

[JoseG 383]

Ok so that's where it gets tricky. 

We have ALL documents needed EXCEPT for the proof of the June 15, 2012 part. 

He literally did NO transactions that day, he literally didn't even update his facebook status lol. 

But we did go on a father's day trip to San Francisco which was the 16th of June but the picture we took which is me, our son, and him isn't time stamped it just shows us in front of the Golden Gate Bridge. 

He has no criminal record but only thing he has gotten is Traffic Citations due to him driving without a license due to his obvious immigrant status. We have stuff, receipts in his name that are AFTER june 15th. so we have everything but that. so what do I do now?

 

You don't have to submit evidence exactly dated on June 15th, 2012. The evidence can be dated shortly before or after, maybe like within a week or two. Find the closest dated evidence you have and send that in.

 

what is form g-1145 for?

 

 

G-1145 is a form that you fill out so that you are notified by e-mail or text message whenever the lockbox gets your documents. They send you two messages and in those messages you will find two Receipt Numbers, one for the I-821D application and the other for the I-765 application. These Receipt Numbers are used to check the status of your case on the USCIS website.

 

It isn't required to fill out that form and it doesn't matter if you do or not, you will still be sent two Receipt letters in the mail that say the same thing that the e-mail/text says. 

[HisWife 6]

You don't have to submit evidence exactly dated on June 15th, 2012. The evidence can be dated shortly before or after, maybe like within a week or two. Find the closest dated evidence you have and send that in.

 

 

 

G-1145 is a form that you fill out so that you are notified by e-mail or text message whenever the lockbox gets your documents. They send you two messages and in those messages you will find two Receipt Numbers, one for the I-821D application and the other for the I-765 application. These Receipt Numbers are used to check the status of your case on the USCIS website.

 

It isn't required to fill out that form and it doesn't matter if you do or not, you will still be sent two Receipt letters in the mail that say the same thing that the e-mail/text says. 

 

 

 

Ok I have some pictures that were taken around the June 15th date they aren't timestamped but I saw on another forum that I can handwrite the date which was father's day weekend of 2012. is this true? 

 

Also do you suggest the G-1145 form is a quicker way to know the status of your case instead of having to wait for it in the mail? Also can i download this form on the USCIS website and just send it with the other forms and lastly, I've been hearing a lot about 'lockbox' how do I know which one to send it to? 

 

Sorry for all the questions I just want to be prepared. 

[Theresa 63]

You may not write the date for it to count. Like Jose says, you can send days befor and after june 16, 2012 about G-1145 is recommended for those who want to know immediate updates on their case (it's so great!)

[HisWife 6]

You may not write the date for it to count. Like Jose says, you can send days befor and after june 16, 2012 about G-1145 is recommended for those who want to know immediate updates on their case (it's so great!)

 

 

 

Ok thanks. Do you happen to know what lockbox I have to send my husband's application to?

[cheated 20]

Ok thanks. Do you happen to know what lockbox I have to send my husband's application to?

Hey,

 

This link will help you determin which lockbox you're supposed to send it to.

 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e11fb8e59b529310VgnVCM100000082ca60aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

 

Since you live in California, you will send it by US Postal Service to:

 

USCIS Phoenix Lockbox Facility

USCIS

P.O. Box20700

Phoenix, AZ 85036-0700

 

or by USPS Express Mail/Courier to:

 

USCIS Phoenix Lockbox Facility

 USCIS

Attn: DACA

1820 E. Skyharbor Circle S

Suite 100

Phoenix, AZ  85034

[HisWife 6]

Hey,

 

This link will help you determin which lockbox you're supposed to send it to.

 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e11fb8e59b529310VgnVCM100000082ca60aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

 

Since you live in California, you will send it by US Postal Service to:

 

USCIS Phoenix Lockbox Facility

USCIS

P.O. Box20700

Phoenix, AZ 85036-0700

 

or by USPS Express Mail/Courier to:

 

USCIS Phoenix Lockbox Facility

 USCIS

Attn: DACA

1820 E. Skyharbor Circle S

Suite 100

Phoenix, AZ  85034

 

 

ok thanks! does it matter which one of those i choose?

is one faster to process than the other?

[Theresa 63]

Express mail is faster (skyharbor)

[HisWife 6]

ok thanks! i'm gathering every information available to us and sending EXTRA info just crossing my fingers that we dont get an RFE letter. and hopefully we can have this DACA sent out by this friday because we have to wait for his transcripts (elementary, middle, high, and 2 years at University)

 

ahhh im so excited for my husband and thank you guys soooo much for helping me out. 

i've been married to him for 6 years now and im soo happy that I will be contributing to something that will change his life forever even if we dont get to be. 

im sooo excited for him lol

[JoseG 383]

Ok I have some pictures that were taken around the June 15th date they aren't timestamped but I saw on another forum that I can handwrite the date which was father's day weekend of 2012. is this true? 

 

Also do you suggest the G-1145 form is a quicker way to know the status of your case instead of having to wait for it in the mail? Also can i download this form on the USCIS website and just send it with the other forms and lastly, I've been hearing a lot about 'lockbox' how do I know which one to send it to? 

 

Sorry for all the questions I just want to be prepared. 

 

 

When you initially send out your applications, you will send them to a lockbox. That's the place where they check to make sure that you sent in the correct fee and the correct applications and that they're all signed. After they have checked everything out, the lockbox will transfer your application to a Service Center for processing. Once your applications get to the Service Center, they will mail you two Receipt Letters that state your receipt numbers. 

 

The form G-1145 just emails and texts the receipt numbers to you, which you will get like 2-3 days before the Receipt Letters arrive in the mail from the Service Center. Like I said, you won't receive any information that you won't get by mail, but it's still exciting seeing the text and emails from USCIS to know that your process has started.

 

Here is the form. Place it on top of the other applications.

 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d9056d4e88ac3210VgnVCM100000b92ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[HisWife 6]

When you initially send out your applications, you will send them to a lockbox. That's the place where they check to make sure that you sent in the correct fee and the correct applications and that they're all signed. After they have checked everything out, the lockbox will transfer your application to a Service Center for processing. Once your applications get to the Service Center, they will mail you two Receipt Letters that state your receipt numbers. 

 

The form G-1145 just emails and texts the receipt numbers to you, which you will get like 2-3 days before the Receipt Letters arrive in the mail from the Service Center. Like I said, you won't receive any information that you won't get by mail, but it's still exciting seeing the text and emails from USCIS to know that your process has started.

 

Here is the form. Place it on top of the other applications.

 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d9056d4e88ac3210VgnVCM100000b92ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

 

 

 

 

Thank you Jose for being so detailed in your explanation. we're getting ready to send out these forms tomorrow. AHHH! im excited lol 

also I had a quick question what should be the first address to put when he first arrives. 

 

for example he arrived in 89 when he was 9m of age but the first address we put was in the year 2000.. is that ok?

[JoseG 383]

 

Thank you Jose for being so detailed in your explanation. we're getting ready to send out these forms tomorrow. AHHH! im excited lol 

also I had a quick question what should be the first address to put when he first arrives. 

 

for example he arrived in 89 when he was 9m of age but the first address we put was in the year 2000.. is that ok?

 

 

 

Does he not remember the other addresses or are there too many? 

 

I think it's fine, you just have to put as many as you can remember.

[Theresa 63]

I did a lot of looking for addresses ( my mom helped me go way back) We moved around so much growing up that I listed 16 addresses at the age of 30! LOL

[HisWife 6]

well we talk to his dad and the first one that he remembers is when he moved here to fresno back in 92

so hubbys timeline is 92-00' in 1 address

00' to '10 in another address

10' to 11' in another address (when we started to live together)

and 11' to present (where we currently live) 

 

and he has prove from 92' to 00' that he lived in that address due to his school transcripts.. 

is this ok?

[HisWife 6]

and when he entered in 89' his parents entered and hubbys initial entry to the US was to Long Beach California

but they dont remember that address and also they didn't have a place to live they lived in a garage of someone's home for 3

years until they moved in 92' to Fresno. 

 

if i put that his initial entry was Long Beach California are they gonna make it a big deal that all his address history is only of that in Fresno?

[Theresa 63]

I would still put as much as he knows for Long Beach, Ca (he was registered at school and local clinic so you don't want to make it seem like you want to hide it if it comes up) plus he is tied to his citizen brothers etc.

[HisWife 6]

he doesnt really know much because they left long beach when he was 3 and came to Fresno. 

they didnt register him in school until he was 5 for kindergarten which was also in Fresno and we do have records of that and clinics, he was only seen here in Fresno also. 

so his parents just took him to long beach as soon as they brought him over and the whole time that they were there they didn't have a residence they lived in a garage with my husband THEN they moved. would that be a problem?

[Theresa 63]

I would still be honest and put in the city and timeline if he doesn't recall more information to answer their question of addresses ever lived in the USA