You should provide documentation to account for as much of the period as reasonably possible, but there is no requirement that every day or month of that period be specifically accounted for through direct evidence. Official websites use .gov Bona Fide Determination 1. Q1. A2: On June 15, 2012, the secretary of homeland security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of 2 years,subject to renewal, and, if approved, will then be eligible for work authorization if they can demonstrate economic necessity. Evidence can also include an affidavit from you or a responsible third party attesting that you do not file tax returns, have no bank accounts, or have no income to prove income level; and, Copies of medical records, insurance records, bank statements, or other reliable evidence of unreimbursed medical expenses of at least. Chart #1 Examples of Documents to Submit to Demonstrate You Meet the Guidelines, Proof you came to U.S. before your 16th birthday, Proof of lack of lawful immigration status on June 15, 2012, and at the time of filing your DACA request (8 CFR 236.22(b)(4)), Proof of physical presence in the United States on June 15, 2012, and at the time of filing your DACA request (8 CFR 236.22(b)(3)), Proof you continuously resided in the United States from June 15, 2007, to the time of filing your DACA request (8 CFR 236.22(b)(2)), Proof of your education status at the time of requesting consideration of DACA (8 CFR 236.22(b)(5)), Proof you are an honorably discharged veteran of the U.S. armed forces or the U.S. Coast Guard (8 CFR 236.22(b)(5)). A44: Yes. The bona fide determination process does not change the role of certifying officials who complete the law enforcement certification. Work authorization for U-Visa applicants - Sound Immigration Q18: If my case was reviewed as part of the case-by-case review process but I was not offered administrative closure, can I be considered for deferred action under this process? On March 7, 2022, the U.S. A52: USCIS strongly encourages you to file your renewal request within the recommended 120- to 150-day filing period to minimize the possibility that your current period of DACA will expire before you receive a decision on your renewal request. A complete and properly filed Form I-918, Supplement B, is a requirement for both the bona fide determination EAD and the final adjudication of Form I-918, so USCIS encourages certifying officials to answer all questions on the form as fully as possible. /content/aba-cms-dotorg/en/groups/public_interest/immigration/generating_justice_blog/deferred-action-and-employment-authorization-for-special-immigrant-juveniles. A43: Affidavits generally will not be sufficient on their own to demonstrate that you meet the threshold criteria at 8 CFR 236.22(b) for USCIS to consider you for DACA. If you have a pending request, we have online self-help toolsyou can use to check your case status and processing times, change your address, and send an inquiry about a case pending longer than posted processing times or about non-delivery of a card or document. Citizenship and Immigration Services (USCIS) as blank forms with written instructions. A7. Automatic 180 EAD extension allowed for A03, A05, A07, A08, A10, C08, C09, C10, C16, C20, C22, C24, C31 and A12 or C19. You may only use affidavits to explain gaps in your continuous residence; you cannot use them as evidence that you meet the entire 5-year continuous residence requirement. This website is run by a private company. A57. It is best to get guidance through the process to submit a correct application. All About Employment Authorization Documents FAQs for Legal Practitioners If you fail to appear at an ASC for a scheduled biometrics appointment to obtain fingerprints and photographs. Q26: Can I appeal USCIS determination? A8. It is a type of prosecutorial discretionary, limited immigration benefit that allows an individual to remain in the United States for a determined period of time, and it can be revoked at any time. President Obama announced several executive orders on November 20, 2014. Such programs include, but are not limited to, programs wholly or partially funded by federal, state, county or municipal grants or administered by nonprofit organizations, or if funded by other sources, are programs of demonstrated effectiveness. Qualifying Family Members, 8 CFR 274a.12(a)(19), (a)(20) and (c)(14), Chapter 5: Bona Fide Determination, C. Adjudicative Process, 2. If you can demonstrate that you meet the guidelines, you will be able to request consideration of DACA even if you have accepted an offer of administrative closure or termination under the case-by-case review process. Is an offense for which the individual was sentenced to time in custody of 90 days or less. Emily McCabe (she/her/ella) is a Senior Staff Attorney for the Family Group Legal Orientation Program in the American Bar Associations Commission on Immigration. Q87: Someone told me if I pay them a fee, they can expedite my DACA request. Citizenship and Immigration Services (USCIS) announced that the agency will consider deferred action and related employment authorization (or work permits) for noncitizens with approved Special Immigrant Juvenile Status (SIJS) petitions, effective May 6, 2022. You must undergo biographic and biometric background checks before we will consider your DACA request. A30: Pursuant to current court orders, USCIS is accepting, but not adjudicating, initial requests for DACA. As the Department of Homeland Security (DHS) continues to focus its enforcement resources on those who pose the greatest threat to homeland security, DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on individuals who do not fall into this category, such as individuals who came to the United States as children and meet other key guidelines. A28: Yes. This answer is provided for information only by an Immigration Attorney with over 22 years of experience in immigration law. The second phase occurs with USCIS, where the noncitizen uses the state court order to petition for SIJS, using the Form I-360. Although you may request that USCIS expedite processing of your DACA request, there is no fee to request expedited processing. For other categories such as parolees or individuals with deferred action, USCIS must first approve your Form I-765 . USCIS Issues New I-9 Guidance for Employees with DACA Work Q72: Will offenses criminalized as felonies or misdemeanors by state immigration laws be considered disqualifying convictions for purpose of DACA? A64: USCIS considers all expedite requests on a case-by-case basis and generally requires documentation to support such requests. Yes. May I be considered for deferred action under 8 CFR 236.21-236.25? Download Resource In what order will USCIS adjudicate cases for a bona fide determination? Passport or national identity document from your country of origin, Birth certificate with photo identification, Any U.S. government immigration or other document bearing your name and photo, School records from the U.S. schools you have attended, Any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear), Employment records (pay stubs, W-2 Forms, etc. No, principal petitioners and their qualifying family members do not need to submit proof of economic necessity or file an I-765 worksheet to receive a bona fide determination EAD. The relief an individual receives with a grant of DACA under 8 CFR 236.21-236.25 is identical for immigration purposes to the relief obtained by any person who receives deferred action as an act of prosecutorial discretion. USCIS will continue to coordinate with ICE on individual cases as requested by ICE. The petitioner will receive a notice from USCIS if any documentation is needed to complete the bona fide determination adjudication, such as a Form I-765, Application for Employment Authorization. For new and existing employees, it's important to understand which foreign countries have Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) when processing their Employment . A39: Yes, in certain circumstances. A high school diploma from a public or private high school or secondary school; or. Q10: I am a new petitioner. On or after Aug. 15, 2012, and after you have requested DACA, On or after Aug. 15, 2012, and after receiving DACA. Q43: May I file affidavits as proof that I meet the threshold criteria for consideration of DACA at 8 CFR 236.22(b)? Affidavits from community-based or religious organizations establishing that you are homeless or lack parental or other familial financial support; Copies of tax returns, bank statement, pay stubs, or other reliable evidence of income level. If you are a current DACA recipient and submitting a renewal request, you may apply for advance parole at the same time to the separate filing address for advance parole requests. Spouse, Parent, Son or Daughter: Spouses: People who are legally married and have a "bona fide" marital relationship. Instructions for Online Filing (DACA Renewal Requests Only). The absence of three or more convictions of other misdemeanors is not necessarily determinative, but it is a factor we will consider when we exercise our discretion. Can the bona fide determination EAD and grant of deferred action be renewed? Q6. Even if you meet the threshold criteria listed above and at 8 CFR 236.22(b), we retain the discretion to assess your circumstances and determine that any specific factor makes deferred action inappropriate. Filing earlier than 150 days before your current DACA expiration date will not result in a faster decision. How are bona fide determinations for principal petitioners different from qualifying family members? A69: For purposes of 8 CFR 236.22(b)(6), an other misdemeanor is any misdemeanor as defined by federal law (specifically, a misdemeanor for which the maximum term of imprisonment authorized is 1 year or less but greater 5 days) that meets the following criteria: Three or more convictions of other misdemeanors not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct are disqualifying for purposes of DACA. However, due to the backlog between parts two and three, individuals with approved SIJS petitions from El Salvador, Guatemala, Honduras, and Mexico typically wait years before a visa becomes available that would allow them to apply for their green card. USCIS personnel responsible for considering requests for consideration of DACA have received special training. Accordingly, if DHS is able to verify from its records that your last admission was using a BCC, you were not issued a Form I-94 at the time of admission, and it occurred on or before May 14, 2012, DHS will consider your nonimmigrant visitor status to have expired as of June 15, 2012, and you may be considered for deferred action under 8 CFR 236.21-236.25. Does that mean my family member wont receive a bona fide determination? Deferred action and related employment authorization will help to protect noncitizens with SIJ classification who cannot apply for adjustment of status solely because they are waiting for a visa number to become available. USCIS evaluates whether the Form I-918, Supplement B, meets initial evidence requirements during the bona fide determination process. This page was not helpful because the content: Freedom of Information and Privacy Act (FOIA), Form I-918B U Nonimmigrant Status Certification, Bona Fide Determination Process Flowchart, Chapter 5: Bona Fide Determination, A. Community Advocate Last updated: Jun. Have not been convicted of a felony, a misdemeanor described in 8 CFR 236.22(b)(6), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. Are there other materials that USCIS or DHS has released to the public about the bona fide determination process? Q21. For information on how those laws affect individuals who receive a favorable exercise of prosecutorial discretion under DACA, please contact the appropriate federal, state, or local authorities.