Hayley Arana, 2, stands with hundreds of people and her mother Cynthia Diaz in hopes to get a passport for her mother, Tuesday, Aug. 14, 2012, in Houston. Diaz is applying for a Passport, Arana was born in the U.S., and hopes for the DREAM Act to pass so she can become a U.S. citizen. (AP Photo/Houston Chronicle, Nick de la Torre)

10 tips from a lawyer on filing a successful deferred action application

A lot has been written on deferred Action, a new program that starts on August 15, 2012 for young undocumented students in the United States.

However, few have offered any “tips” for filing a successful Dreamer application.

Applicants will find their application process will run smoother if they keep the following in mind:

1. Apply slowly. Don’t try to beat the rush and submit a partial application.

If the I-821D is denied there is no right to appeal or file a motion to reopen.

2. If you have had contact with the police in the past, do NOT apply until an attorney has seen your conviction documents (docket sheets).

3. Thoroughly document your application with the evidence requested to avoid a delay in your case due to lack of evidence.

4. Download the applications from the USCIS web site. The forms, which must be filed together, are the I-821D, I-765 and I-765 WS. They are fillable online, but must be sent in hard copy to one of the four designated USCIS Immigration Lockboxes. Visit the USCIS web site to insure you file with the Lockbox which corresponds to your address.

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5. While you’re applying, DO NOT travel outside of the U.S. after August 15, 2012! You will be inegible for the program.

6. Keep in mind fraud and misrepresentation can trigger a denial and result in you being placed in removal proceedings.

7. Send Immigration fees in the form of a Money Order. By doing, so you can trace the money order and ensure that the application will be processed promptly as if paid with cash.

8. Make copies of everything you submit and send the application via certified mail to confirm receipt.

9. Translate all non-English documents into English.

10. Submit proof that you arrived in the U.S. BEFORE turning 16 and have resided continuously in the U.S.  for at least 5 years as of June 15, 2007.

Deferred action is not an amnesty, it is not a Green Card. It is a work permit, renewable every two years, that will allow the applicant to get employment in the U.S., a driver’s license, and a Social Security  number.

10 tips from a lawyer on filing a successful deferred action application  dscf3583 300 dpi srgb e1344993690669 news NBC Latino News

Alma Rosa Nieto is a Los-Angeles-based expert immigration legal analyst for local and national television, radio and print.  She is a regular contributor for Telemundo television news.


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