DACA mom of 3 US citizens [UPDATED] - Page 3

How would you get DA in the first place? What are the requirements for that? Was that a limited program that got added to DACA?

I mean if Vargas was able to get regular deferred action, why couldn't we if DACA didn't exist ?

Just brain-storming here.

I'm thinking regular DA is issued by ICE, whereas DACA can be issued by either USCIS or ICE (mostly USCIS).
With DACA, it's either approval or denial (no deportation, at least not right away), but with regular DA, it's probably either approval or deportation, and they could detain you while looking at your case.
So the difference is the risk factor and the consequence, and one is paperwork based and the other is action based.

I could be wrong, consult a professional lawyer before you do anything.

Regular DA is generally issued by ICE, but USCIS can also grant it. The reason why ICE generally issues it is since DA applications tend to be a last ditch effort against removal.

You can apply for DA with USCIS, but it's a giant question mark as to what the result is. Best case scenario you get it, and then can apply for an EAD. Average scenario is they say no but don't seek any further action. Worst case scenario you get an NTA to an immigration court for your removal proceedings (or ICE comes pay you a visit if you already have an outstanding order.

There is no form used for regular DA. The application is basically a letter requesting DA because of reasons and any supporting documentation.

Vargas is a poster child and very very vocal. He did stuff that would get most people kicked out (e.g. false claim of citizenship).

Vargas did not get the 2012 DACA.

No, he got regular deferred action

Our family went through DA request with USCIS. Fingerprints were taken. About 6 month later received letter of denial... No further actions were taken against us.
Applied with a simple request letter and a full portfolio supporting the request.

I understand, but it would make more sense to leave it as a trip of last resort, like a dying relative or your lawyer telling you to make the trip to clear your EWI (for those already married to a USC). Maybe I'm more cautious because I'm still undacafied.

[quote=Demise;564527]He didn't get DACA. He got regular Deferred Action.[/QUOTE

Oh I see, thanks for clarifying, I didn't delve into the techs I just heard he got relief and assumed it was DACA....Is regular DA better than DACA?

This is interesting, I'm thinking this would be risky for us, I think Vargas got a pass because he was well known and there would have been a lot of bad publicity if he was deported.