DACA Guidelines Released - Page 5

Okay, if I understand correctly, the misdemeanor defenition is according to federal law right?


Not state and local. Is this correct?

Yes, he said it's according to federal law. So, even a single DUI will exclude a DREAMer from Deferred Action.

I'm little confused... guideline says "submit your request for consideration of deferred action to USCIS through a form, along with a form requesting an employment authorization document. The total fees will be $465." Does that mean including EAD is $465? I thought it was separated . Please let me know!

Can I be considered for deferred action even if I do not meet the guidelines to be considered for deferred action for childhood arrivals?
This process is only for individuals who meet the specific guidelines announced by the Secretary. Other individuals may, on a case-by-case basis, request deferred action from USCIS or ICE in certain circumstances, consistent with longstanding practice

Seems like there is hope for people that don't qualify by the requirements.

BUT, maybe not for those 31+

How old must I be in order to be considered for deferred action under this process?

In all instances, you cannot be the age of 31 or older as of June 15, 2012 to be considered for deferred action for childhood arrivals.

Can we stop with all the criminal/misdemeanor questions? If you did something significantly wrong, or were stupid enough to repeat it three times, then it's your fault.

These questions, Lord...

"Why was 15 used to exclude people from the process?"

So I have to do a background check before I go and file the application?

I wonder if we can send photocopies of our diplomas in..I'm a little weary of sending away original copies of my HS and college diplomas..

No idea. Maybe before or maybe afterwards. We'll know on Aug 15th. It's not like they have set a deadline for applications.

According to the USCIS

The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by U.S. Immigration and Customs Enforcement (ICE). Notwithstanding the above, the decision whether to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history outlined above, or its presence, is not necessarily determinative, but is a factor to be considered in the unreviewable exercise of discretion. DHS retains the discretion to determine that an individual does not warrant deferred action on the basis of a single criminal offense for which the individual was sentenced to time in custody of three months or less.