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DACA is a wonderful benefit! At Lawit Law, we have seen how this form of temporary immigration relief has changed the lives of many of our clients. The issue many faced, however, is that they struggled to find the much needed evidence to apply. So we are sharing not only the list of requirements for DACA, but also the ways in which we have seen clients show their eligibility.

To be eligible for DACA, you must:

  • Have come to the United States before your 16th birthday
  • Have lived continuously in the U.S. since June 15, 2007 and until the time you apply for DACA
  • Have been present in the U.S. on June 15, 2012
  • Not have a lawful immigration status on June 15, 2012
  • Have been born on or after June 15, 1981
  • Be at least 15 years old at the time you apply for DACA (but you can apply at any age if you are in removal proceedings)
  • Have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, be an honorably discharged veteran of the Coast Guard or U.S. armed forces, or “be in school” on the date you submit your DACA application.
  • Don’t have a significant criminal record, which includes not having been convicted of a felony, a significant misdemeanor, or three or more misdemeanor offenses.

Now, to the evidence. You will need to show evidence of your identity, which would most likely help you document that you meet the age requirements. If you have EVER been arrested, questioned, or detained by law enforcement, you should obtain copies of your records and have them reviewed by an immigration attorney. Note expunged or sealed convictions are still convictions for immigration purposes, just like criminal activities that are normally not considered felonies within the criminal context, but could pose a significant issue for your immigration case.

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The Social Security Administration is in charge of assigning Social Security Numbers to individuals. This document is crucial and its granted for purposes of identification and retirement benefits. The Internal Revenue Service (IRS), hospitas, businesses, banks, schools, and other institutions use this number for identification purposes. An individual’s Social Security Number is also linked to the person’s credit history and payment of taxes.

Only United States citizens and those immigrants allowed to reside in the United States (such as those with a green card or work permit) are allowed to have a Social Security Number. In order to request a Social Security Number, individuals must do the following:

  • Complete an application with the Social Security Administration
  • Show evidence of their immigration status
  • Show evidence of their identity

If you are lawfully residing in the United States and have yet to receive your Social Security Number, you can approach your nearest SSA office .. If you have ever been assigned a lawful Social Security Number in the past, this number should not change.

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Several criminal acts and convictions could put an immigrant in danger of being deportable. Many chose to go through a process called “expungement,” which would allow them to clean their record, essentially deleting their history of criminal convictions. If a court agrees to seal or expunge a person’s criminal record, they are considered to never have committed a crime at all. However, this is a complicated process and many times does not have the desired effect for immigration purposes.

Even if an individual’s criminal records are expunged or sealed, prior criminal convictions could still cause issues on an immigration case. Expungements and sealment of records do not prevent the government from being aware of the record for immigration purposes. The record will always exist. However, you may still want to consider going through this process for other purposes, such as finding employment.

Each case is unique and should be closely evaluated, but individuals may request to have their arrests, court supervisions, and some probation sentences deleted from their record. Each state has its own rules, but generally the petition should be filed with the court having jurisdiction and after a certain number of years have passed since the conviction.

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This is another effect of the COVID-19 pandemic. Many schools have found it necessary to prevent the spread of the virus. At least for the upcoming fall semester, many colleges are saying goodbye to in-person classes and shifting to virtual classrooms. This seems like a convenient way to keep students on track for graduation and avoid the temporary shut down of classes, but the new setting does not seem to be favored by Immigration and Customs Enforcement.

On July 6, 2020, ICE announced that those students holding F1 and M1 visas and who are scheduled to only take online classes would not be able to keep their status. These students are welcomed to take online classes for the upcoming fall 2020 semester, but they will not be granted a visa to the United States nor allowed into the country for these purposes. In addition, according to the new directive, those F1 and M1 students presently in the United States should leave if their classes are going to be fully online.

What should students do? Each case is different, but at least some students may be able to find alternatives that would allow them to remain in the United States. Here are a few:

  • You may register for in-person classes – Requirements vary between colleges, but you may be able to register for in-person classes at your school or another institution. If your program accepts it, you could remain here under the F1 or M1 visa.
  • Transfer colleges to attend in-person classes – This could also be an option. Be sure to check with your advisor and potential new college to make sure your credits are transferable.
  • Consider changing your status – Some students may be able to request a change of status if they qualify for some form of immigration relief. For instance, those who with a credible fear to return to their home countries or who have a relative able to petition for them and can apply for their status within the United States may be able to take online classes while they wait for their immigration case to be adjudicated.
If the only available option for the student is to take online classes, they will not be able to lawfully remain in the United States. If they do, they risk accruing unlawful presence and the government initiating removal proceedings against them.
Regardless of which option you choose, figuring out how to proceed can be quite burdensome. You should not waste any time and consult a reputable and experienced immigration attorney to evaluate your case.

Who would have thought that you could become a U.S. citizen from the comfort of your car? With thousands of Naturalization Oath Ceremonies cancelled throughout the country due to the COVID-19 pandemic, USCIS had to adapt and started scheduling drive-through ceremonies to swear in immigrants as American citizens.

With the COVID-19 pandemic cancelling in-person services at USCIS for months, those who had already passed their Naturalization interviews saw their ceremonies cancelled. For many immigrants, this was more than a mere inconvenience. For most, their naturalization ceremony is a symbol of the much awaited end of a long and difficult journey, but it is also a requirement to vote in U.S. elections, request a U.S. passport, serve in a jury, and petition certain family members. So most were surely thrilled when some USCIS offices finally started to reschedule oath ceremonies and modified their set up to prevent the spread of the virus. Immigrants pull into the assigned parking lot at the scheduled day and time, provide their identification to a USCIS officer wearing personal protective equipment, and get sworn in through their car window.

This modified process is only one example of how USCIS has had to adapt to cope with the pandemic, but we hope it’s not the last and, as we move forward, other accommodations are provided to prevent unnecessary delays for applicants.

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