Category Archive: Ask Angy

Deferred Action: Leaving the Country

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December 26, 2012

Hi Angy,
I have been reading up on this new thing Obama passed and I can’t seem to find anything that says would we be able to travel do you know if we can travel after getting Deferred Action?
Nate

Hi Nate,

Thank you so much for your E-mail and trusting this random cyber stranger. This is a really good question and I will try my best to answer it. Please remember that I am NOT AN ATTORNEY and the things that I say here are not legal advice; please speak with one about all these types of things.

When it comes to traveling outside of the country after being granted Deferred Action for Childhood Arrivals (DACA), USCIS has said that one must apply for advance parole using Form I-131. This form may be updated or altered for those with DACA. However, not everyone will be granted advance parole; it is usually given to someone who is travelling for humanitarian purposes, educational purposes, or employment purposes.

Again, advance parole requests will be looked at on a case-by-case basis and many will be denied. If you are denied, you won’t get a refund. Like DACA, this is a chance we take when applying for anything which is why we must work with a lawyer to not only make sure that everything is okay but that you indeed will be able to leave the country and come back. Those in removal proceedings probably shouldn’t apply; according to USCIS, a departure from the country will have them labeled as ‘deported’ or ‘removed’ and that can affect future immigration applications. Also, I don’t know how dangerous it can be for those over the age of 18 to apply for advance parole since they have accrued unlawful presence which can result in being barred from re-entering.

Nate, please remember that this is all too new and as of now, no one I know has left the country after being granted Deferred Action for Childhood Arrivals. I suggest waiting until USCIS comes out with clear guidelines on this and we make sure that leaving the country is something safe. Wouldn’t want for anyone to leave the country and have trouble coming back.

Keep an eye out for updates from USCIS by checking their FAQ sections or getting email updates from us by signing up here using your email.

Also, just wanted to mention that Deferred Action is not something Obama passed. It is not a law, it’s a policy change made by the Department of Homeland Security and Obama simply announced it on TV. If it was issued by the president it would be an executive order.

Take care Nate and I hope this was somewhat helpful.

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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Deferred Action: Attorney Fees Are Too Damn High

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Ask Angy

December 19, 2012

by ANGY

Hey Angy,
My friend and I are planning to apply for Deferred Action for Childhood Arrivals, she’s planning to use a lawyer to do the whole thing for her, but I can’t afford the lawyer since it would cost about $500. She says her lawyer is asking her to get letters of administration of the various schools she’s attended as proof that she is “useful to this country”. Is that necessary? Is that something I would get denied for? I meet all the other requirements and have no criminal record. I’m just scared that I’ll get denied for not using a lawyer and not getting letters of recommendation.
Thanks,
ZFPop

Hi ZFPop,

Thank you for your e-mail and trusting me with this question. I’m excited for you and your friend who are applying for Deferred Action for Childhood Arrivals (DACA). I hope the applications go smoothly and both of you are granted your work permits.

Paying a lawyer to do your DACA application is not always necessary, especially if there are free DACA Legal Clinics in your area. I don’t know what state you live in but there are many organizations across the country hosting free clinics to help youth apply for DACA. One of the perks of working with an attorney is that they will be able to represent you and some may screen you first to see if you qualify for something else besides DACA. Here is a list of attorneys recommended by DreamActivist.org who are working on DACA applications at low prices ranging from $220 being the lowest and up.

When it comes to letters of recommendations, those are totally optional. By letter of recommendation I mean created by one person who knows you from way before, not one from every school you have attended. Remember that your transcripts work as proof that you were in school during that time so there is no need for recommendation letters. Here is a step by step process of how to put your DACA together. Letters of recommendation work really well for someone who is applying and has very little proof, someone who might have citations and other fines, or someone who just wants to give their application a little boost. However, more isn’t always the best way to go. Quality not quantity.

Instead of a letter of recommendation, since you have to wait for this person to write it, you can include certificates or awards you’ve won while in school. In your cover letter state how you’ve won these things and show how you’ll continue to grow and keep on doing great things. This sample cover letter will help you order your application and keep track of the things you need to include.

As long as you include everything else that is asked for, your application won’t be denied because you didn’t include a recommendation letter. If you choose not to use one, that is fine. I wish you the best of luck. Please keep me updated with your application so I can let others know about the process too!

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Deferred Action: DUI and Having Enough Proof

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Ask Angy

October 2, 2012

by ANGY

Hello Angy;
I have a problem and maybe you can help me. I’m 25 years old and have a Degree in Mechanical Engineer and I’m pursuing a Master Degree in the same field. I want to apply to for the Deferred Action but if I understand correctly a significant misdemeanor may not let me. Four years ago I was arrested for driving under the influence. I already paid all of the fees (DMV & City fines) and took the DUI classes. I want to apply but I don’t want to waste $500. So my question is, if they find out that I don’t qualify would I get my money back? The law is clear that I won’t qualify but maybe they can overlook my DUI?? Is there any way I will get approved?
Thank you for your help
CM86

Hey CM86,
Thanks for the e-mail. I want to remind you that I am NOT an attorney. And this is not legal advice. I suggest you speak with an attorney before applying for Deferred Action for Childhood Arrivals. According to USCIS guidelines being convicted of driving under the influence will disqualify you from applying for Deferred Action for Childhood Arrivals since it is a significant misdemeanor. The $465 are non-refundable since the filing fee is to review the case, not just after the case is accepted. In conclusion, you risk being denied and no refund will be provided afterwards. Is taking this risk worth it? It is your decision to make. Think it through first. I suggest you speak with an attorney; however, I also understand that this is a personal decision.

Angy,
I been stressing out about this Deferred Action policy. I heard and read about others providing so much evidence about them being here since 2007. My concern is that since graduating in 2007, I worked for two years with my real name. After that, I worked with another name (which is my middle and second last name). Now ever since that, my job provided a debit card to pay, in which I never bothered to start a bank account. Now with this new discretion, I don’t feel that I have enough evidence and it makes me worry if I’m not going to be able to get anything. I really hope that what I have could be enough evidence, because I really want to go to school, and get out of my tough situation with a dysfunctional family. What I have are medical bills for a couple of months in 2009 and 2010 and some acceptance letters from college. Pay stubs from 2008 and taxes from 2007. 2011 and 2012 a rental lease, and some receipts I signed for this year for rent.
Thanks for all the hard work you and everybody else do,
Sergio

Hi Sergio!
Thank you for your email and for being honest about your Deferred Action process. Do not freak out! The USCIS sent out updated guidelines that discuss various topics and one of them is proving continuous residence. In the guidelines it says that you can submit one item per year to proof residence, see here. If you have proof with your name as it appears on your birth certificate, include that. If not, I believe you can submit proof using your middle name, just seek legal advice when it comes to filling out your forms since you may have to fill in the “other names used” section. Always check the USCIS guidelines to see if there is any new information. Let me know how your application process is going and if you need any help. Here in New York we have a lot of clinics and workshops happening make sure to sign up for updates[http://www.nysylc.org].

Best,
Angy