CASE: I-821D Application for Consideration for Deferred Action of Childhood Arrivals / I-765 Employment Authorization Document
APPLICANT / BENEFICIARY: Mexican Client in Indiana
The USCIS issued a memorandum in August 2012 regarding deferred action of childhood arrivals cases (DACA). According to the USCIS Deferred Action Memorandum, 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 August 1995 without inspection and admission through the U.S. / Mexico border when he was only 6 years old.
As of June 15, 2012, our client was twenty-three (23) years old.
Our client also finished high school in the United States in 2008.
Also, since his last entry to the United States in August 1995, our client never left.
He was physically present in the United States on June 15, 2012 and has continuously resided here since August of 1995.
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.
Accordingly, our client was eligible for this relief.
After he retained our office, we informed him of all supporting documents we would need. Our client sent us supporting documents that proved our client’s education, physical presence in the United States, and his 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 November 12, 2014, our office filed her I-821D and I-765 to the USCIS. However, on February 5, 2015, the USCIS issued Request for Evidence (RFE) and requested our client to submit more evidence to establish that he has continuously resided in the United States during the 5-year period immediately before June 15, 2102 and up to the time of filing. Our office prepared and filed the Response to RFE with more evidence to the USCIS on April 21, 2015. Eventually, on May 11, 2015, 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.