DACA Guidelines Released - Page 6

No, you will file the forms. Later you would go get your biometrics done. Check out the guidelines:

http://www.uscis.gov/USCIS/Humanitar...a-consider.pdf

http://www.uscis.gov/USCIS/Resources/daca.pdf

They'll probably let you submit photo-copies. And if we're required to send in originals, they'll have to guarantee to return it safe and sound after they're done with it.

YOU GUYS GET STUDY ABROAD!!!!!!!!!!!!!!!!!!!!!!!!!! I'm sure the advance parole would be flexible to such situations.

Someone asked about the length of the process, and the answer was pretty much "IDK." Apparently it all depends on the volume of requests they get. Also, for MOST cases, interviews will not be required. This will only be in cases where they suspect fraud.

Thank you Rev Scholar!

These are important questions though.


So,

What offenses constitute a significant misdemeanor?
For the purposes of this process, a significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria:

Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,
If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.
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.

I hope the AP is safe.

That's def what it sounds like

No interview required except in random cases it seems.

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I have to let this ^^^ sink in further, but my initial thought is that Deferred Action is existing form of action that a immigration prosecutor can take in the exercise of discretion (balancing the good facts with the bad) to prevent deportation, therefore having a significant misdemeanor does not necessarily determine your case.

Normally it's safe, if your home country does stupid things like that then, then just don't fly there. I'm really interested in it from a study abroad angle, you guys could pretty much explore every other western nation now, not to mention up north in Canada.