USCIS releases final details on application process for undocumented youth

LatinaLista — It’s called the Deferred Action for Childhood Arrivals (DACA) and it’s what has rallied the undocumented community and Latino activists ever since its announcement by the President in June.

With the DACA, undocumented youth who fit the criteria can apply, beginning August 15, for the paperwork that will allow them to attend school and get a job without fear of being deported. Yet, what the application process would entail has been a mystery.

Undocumented youth and their families, immigration lawyers and immigration reform advocates have been anxiously waiting for the government to release the final details on the application process. Today, U.S. Citizenship and Immigration Services (USCIS) released the requirements needed to qualify for DACA.

Among the key points shared by USCIS:

A new form will be available on August 15. All DACA requests will require payment of the standard $85 biometric fee, but no additional fee will be charged. Persons who wish to receive work authorization must pay, with limited exemptions, the current employment authorization document fee of $365.

Information provided on the form will be kept confidential, including information relating to applicants’ family members or legal guardians, meaning it will not be used for immigration enforcement proceedings, unless the applicant meets current USCIS criteria for referral to Immigration and Customs Enforcement or issuance of a Notice to Appear (NTA) in immigration court.

DHS will deem “significant” any misdemeanor, regardless of the sentence imposed, involving burglary, domestic violence, sexual abuse or exploitation, unlawful possession of firearms, driving under the influence, or drug distribution or trafficking. In addition, DHS will deem significant any other misdemeanor for which an applicant was sentenced to more than 90 days in jail, not including suspended sentences and time held pursuant to immigration detention. Minor traffic offenses and convictions for immigration-related offenses classified as felonies or misdemeanors by state laws (e.g. Arizona SB 1070) will not be considered.

Each request will be considered on a case by case basis but before applying some immigration lawyers caution that to qualify each applicant must meet ALL the requirements.