immigration & naturalization law

Ph: 910.509.7145

LAW  PLLC

immigration & naturalization law

LAW  PLLC

HELEN TAROKIĆ

HELEN

6752 Rock Spring Rd.

Suite 110,

Wilmington, NC 28405

Fax: 910.509.7144

Immigation & Nationality Law Services

6752 Rock Spring Rd.

Suite 110,

Wilmington, NC 28405

Deferred Action for Childhood Arrivals

Deferred Action for Childhood Arrivals

Preparing for Expanded Deferred Action Consultations

On November 20 and 21, 2014, President Obama announced taking executive actions for immigration relief. These actions include the expansion of Deferred Action for Childhood Arrivals (DACA) and a new Deferred Action for Parental Accountability (DAPA) program, which provides eligible immigrants who have U.S. citizen or permanent resident sons and daughters temporary relief from deportation and allows them to apply for work authorization. (For more information, you should have a consultation with a qualified immigration attorney. The attorney is going to want you to pay for and schedule a consultation. This consultation takes about an hour or two, so it’s important that you make the most of the consultation and bring organized documentation to your consultation, so the attorney can look at it. Many times, the attorney is going to want to see if there is a BETTER option than DACA, like a victim’s visa or a green card path for you, so come prepared with your documentation so the attorney can do a full review of your history.

While we wait for detailed guidance on the process for applying for deferred action under these two programs, using the DACA criteria as a template of what to expect, it is important to start collecting documents that you will need in order to apply. We believe that the following list of documents, which can be used to prove identity, presence and continuous residence in the United States, and family ties to U.S. citizen or permanent resident children, will be useful for preparing applications.

Please do not use notarios – they are dangerous scammers who are not qualified to give legal advice. Also, please remember that although you are scheduling a DACA consultation or DAPA consultation, the attorney will suggest what she thinks is best for you during the consultation. Often, the attorney is going to have to list out the cost of your case, which will include getting your criminal record or immigration record, if you don’t have it. So, if you are on time for your appointment, and come organized (really organized!) with copies of the following documents (as many as you can get), it will be a better consultation and you can also reduce the final cost of your case.

Proof of Identity:

  • Passport from your country of origin (if possible)
  • Birth certificate (with certified English Translation, if possible)
  • Any other ID documents, like school ID cards, or work ID cards, matricula, cedula, etc.


Proof of Presence in the U.S. * Passport with admission stamp – if applicable

  • school records from the U.S. schools you have attended – including any ESL classes, English programs, training certificates, report cards, school transcripts and even teacher recommendation letters.
  • medical records, dental records, bills from doctors or dentists
  • utility/bank statements and bank letters or landlord letters confirming the dates you did business
  • any U.S. government document stating your date of entry (if applicable)
  • photos of you in the U.S. (younger and older photos)
  • insurance, registration, documents that you have at home with dates on them


Proof of Immigration Status:

  • Form I-94/ I-94W- if applicable
  • Expired visa –if applicable
  • A charging document placing you in removal proceedings (any old immigration or deportation papers)


Proof of Education* (if applicable):

  • Official school records (transcripts, report cards, etc.)
  • U.S. high school diploma/GED certification


*If you are not in school and want Parent deferred action, we still recommend getting proof of any education; and it is always a good idea to continue you education! But for Parent cases, schooling is not required; just recommended.
Proof of Employment and Financial Records:

  • W-2 form (even if under a fake name, the attorney is going to want to see your taxes, W-2s, 1099s, or any other IRS or tax documents or employment letters or recommendation letters or work ID cards)
  • Pay stubs
  • Payment of Taxes
  • W-2 form or 1099
  • Bank statements (visit all your old banks too, and get them to print your old statements or at least write a letter confirming how long you had that bank account!)
  • U.S. income tax returns with Individual Taxpayer Identification (ITIN) form/number or SSN


If you paid car or property taxes and have proof of that, bring it to your consultation.
Immigration History:

  • Notice to Appear
  • Removal documents
  • Any old deportation or immigration papers, or any applications you filed in the past, even if denied. The immigration attorney is ALWAYS going to want to see anything you have on your immigration history. The attorney will still probably want to file a FOIA to get your old immigration history, and may even want to run an FBI background check to find out more of your history, but anything you have at home will be helpful.


Family Relationships:

  • Listing dependents on W-2 or taxes or on school records or doctor records
  • Birth certificates, U.S. passports or naturalization certificates, and/or green cards of children
  • The report cards of your children or things you are proud of, like awards your children won or proof that they are doing well; or if your kids are sick, we want a doctor’s letter explaining why they need medical treatment. Photos of you with your kids can be helpful, especially if you can write down when and where the photos were taken
  • If you were a victim of a crime like domestic violence (or ANY crime), bring the police report or criminal record on your abuser, or anything else you have about the crime (news articles, letters from the district attorney, photos of the injuries, or anything else you have about your victimization, so the attorney can review it.


Criminal Records:

  • Court dispositions (Certified copies of the charging document and final disposition for any offense, even a traffic ticket, anywhere you ever had a ticket or charge, even if dismissed)
  • Evidence of traffic violations/ DUI rehabilitation
  • Documentation of pardons/expungement
  • If you have a drug or alcohol offense, you may not qualify; but if you do qualify despite one of those offenses, the attorney will want proof that you went to AA or had some treatment or have rehabilitated and are no longer using drugs or abusing alcohol. AA classes are really good proof of rehabilitation.


Prior victimization:

  • If you were the VICTIM of a crime, bring the police report, or DSS records or letters, or domestic violence counseling records, or the criminal record for your abuser, or newspaper articles about the assault or robbery
  • If you were the victim of a crime and don’t have these documents, the attorney can try to get some of them (for a fee)
  • If you were the victim of a crime, it helps if you write a 2 page letter describing how you were a victim. Bring it to the consultation.
  • If the crime was not reported, please still remember to tell the attorney about it
  • If you went to the hospital or took medication or were treated by a psychologist because of the crime, please try to get those records
  • If you called 911, try to remember the address you called from and the phone number you used
  • If your husband or children or parents were victims, the lawyer will want to see similar documentation.