Due to the overwhelming amount of Deferred Action questions I’ve been receiving, I decided to answer some of these questions in bulk instead of one by one. Sorry for the delay! Thank you for trusting me enough to email me with your questions and concerns. I’ll try my best to provide accurate information. Please remember I am not a lawyer and the advice given on this column is exactly that, advice. Please reach out to an attorney if you’re not 100% sure of your application or you want someone to review it. There are many resources like clinics, workshops and pro-bono lawyers willing to help, don’t be afraid to ask for it. Applying for Deferred Action for Childhood Arrivals is a one-time thing, do not rush and fill it out right away.
I am 30 years old, I entered the US when I was 14 yrs old, I have a high school diploma and an associates degree. I am about to graduate from a 4 year college, I do not have a criminal record, the only thing that worries me is that I have been using a fake Social Security and a resident ID for the last 10 yrs. Can this be a problem for me if I try to apply for Deferred Action? I have been paying taxes for the last 10 years, not with the fake Social, I do it with my ITIN. What do you recommend?
On the work app. it says to write all names you ever used and social security numbers you’ve ever used, do you think we should put down fake ones we made up to work?
Hey RJE and KRod!
Thank you for your email and honesty as well. I know sometimes you gotta do what you gotta do to work and provide so there is no judgment for using a fake. From what I’ve seen and heard with other cases I suggest you speak with an attorney before applying! It’s a good thing you did not use the fake social to pay your taxes but an ITIN that is real and belongs to you. Confessing to using fake documents will ban you from applying for citizenship in the future if something ever passes (dream act, immigration reform etc) and the repercussions can be worse so it’s not recommended to put that in your application; technically speaking you are suppose to write down all your socials. Someone asked a similar question on this site and the response was the same; do not use the fake social on your application. Using a fake social will not be so easy to hide since sometimes it is tied back to your original name when you apply for work. Which is why I repeat, speak with an attorney! According to this article, your application won’t be denied; however, problems may arise when you apply for citizenship. Here is a list of 11 attorneys endorsed by DreamActivist.org, check them out and feel free to reach out to them. Don’t just base your decision only on this post, read around and speak with an attorney.
For Deferred Action/work permit benefits, there’s a requirement that asks for proof of economic necessity. I am currently a dependent on my parents because I don’t have any significant income source of my own and am still an FT student in college. How will I demonstrate economic necessity and will my parents’ income be factored into my own income for this purpose? I need some advice.
Thank you so much!
You shouldn’t state an income that you directly do not receive. This application is based on YOU not your parents so their income should not be factored in. When it comes to expenses, put the expenses you already have; don’t predict what your expenses will be just use what you know (how much is spent on school, supplies, phone bill etc). Honestly, you shouldn’t stress out so much about proving economic necessity, let’s be real, everyone needs to be able to work and have an income to do the simplest of things. If anything, you can write an affidavit saying that your parents pay for your education but in order to be financially independent from them you need to be able to work and therefore need work authorization. As long as you submit the basic documentation they ask for, be creative with the rest of your application.
Thank you so much for putting together the video series on Deferred Action. It’s great and really helps. Since you mentioned you were doing more, I was wondering if you can perhaps squeeze in a question of mine in the next video? I’m 26 and have been married to a U.S born Citizen for 5 years and we began the petition process years ago but it required me to leave the country and re-enter from my home land. It was not something I wanted to do as it required me to leave my 1 year old daughter, at the time, behind with no telling how long it would really take for me to get back if they even approved me at all (my husband would have also had to prove ‘hardship’ to get me back) so we pretty much just dropped all that and hoped for the Dream Act. If I do get approved for Deferred Action and while I have that lawful presence status, would we be able to restart my husband’s petition for me and get it going without me having to leave the country? Would Atlas DIY have any advice for me? I need all the help I can get as we don’t have the funds to speak to an attorney/lawyer.
Thank you so much for taking the time to read this. And for all the work that you do!
Thank you for your email Fluxi. I’m glad the Deferred Action video series has been helpful. Shout out to Atlas: DIY for working with the NYSYLC on them! There are also video chats, so feel free to tune in and ask as many questions as you want. Fluxi, this is a really great question and it seems to come up a lot. Deferred Action does not provide beneficiaries with lawful status. Deferred Action does not put you on a path to citizenship, you remain undocumented. There is a huge difference between “unlawful presence” and “unlawful status.” Unlawful presence is when individuals are present in the United States (1) without being admitted or paroled (so when you enter without inspection) or (2) after the expiration of a visa. Unlawful presence starts “ticking” when one stays in the US after the age of 18 with no status. So, Deferred Action stops your unlawful presence clock, but it does not change whether you are in lawful status while you remain in the United States. Someone with Deferred Action cannot petition or share the DACA relief with others. I got this information straight from the USCIS website see it for yourself. If you had a solid case and nothing was done, consider getting a new attorney. There are other forms of relief besides Deferred Action, and if there is a path for you from your husband, speak with an attorney about it. Best of luck!
Created on Oct 21, 2010. Ask Angy is the first undocumented youth advice column. It was born in the New York State Youth Leadership Council because there was no space to ask questions or seek advice. This blog is a space for youth to email their concerns, questions, stories or simply ask for help without being judged. Email them to Angy at Angy@nysylc.org or fill out this form.
This is a space to let it all out! You don’t have to bottle it up inside. Your stories and worries matter! You are not alone. Remember, the insecurities and fears you have, someone else is them having too. Don’t be afraid to speak out.
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