CASE: I-821D Application for Consideration for Deferred Action of Childhood Arrivals / I-765 Employment Authorization Document
APPLICANT / BENEFICIARY: Chinese Client in Cleveland, OH
As our office explained before on our website, the USCIS issued a memorandum in August 2012 regarding deferred action of childhood arrivals cases (DACA). According to the USCIS Deferred Action Memorandum issued in August 2012, an individual who meets the following criteria may apply for deferred action:
- Was under the age of 31 as of June 15, 2012;
- Came to the U.S. before reaching his/her 16th birthday;
- Has continuously resided in the U.S. since June 15, 2007, up to the present time;
- Was physically present in the U.S. on June 15, 2012, and at the time of application to the USCIS;
- Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
- Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
- Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;
Our client initially came to the United States in March 2000 without admission and inspection by the CBP officers when she was only 15 years old. As of June 15, 2012, our client was twenty-eight (27) years old. Our client was able to enroll in high school in 2001, but she did not finish. However, she is currently enrolled in the ABLE program and she goes to class at the local high school in the Cleveland area. Also, since her last entry to the United States in March 2000, our client never left the United States.
She was physically present in the United States on June 15, 2012 and has continuously resided here since March of 2000. Moreover, our client has never been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.
Our client retained us on August 15, 2012. We informed her of all supporting documents we would need. Our client and her family members sent us supporting documents that proved our client’s education history, physical presence in the United States, and her initial entry to the United States. Our office also prepared Form I-821D and I-765, and drafted a detailed cover letter demonstrating why our client should merit this relief.
On October 9, 2012, our office filed her I-821D and I-765 to the USCIS. Our client went to the ASC Appointment (Biometric appointment) at the Cleveland, OH USCIS office on November 1, 2012. On December 13, 2012, the USCIS approved our client’s I-821D and I-765, good for two years.
Our client can now work and study in the United States lawfully.
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