American dream no longer deferred for DACA dreamer

Third Generation seeking our expertise 

Exactly two years ago, a twenty year old undocumented foreign born woman, on her birthday, visited our offices, requesting (in Spanish) we seek documentation for her.  She had come here as a child, and she wished to establish permanent residency.  We told her she may apply under the DACA (Deferred Action for Childhood Arrivals) program, and we would first seek Deferred Action, and then a Green Card.  Her mother and grandfather had previously applied for Green Cards with our firm. Her mother had been approved and won her Green Card, but her grandfather had not been approved immediately — however we appealed the denial, and won him his Green Card fifteen months later.

Now was our newest client’s (the daughter / granddaughter of our previous clients) turn to seek her Green Card.  Rather than the I-485 Adjustment of Status, the DACA case begins with the I-821D, the “Consideration of Deferred Action for Childhood Arrivals,to request that U.S. Citizenship and Immigration Services (USCIS) exercise prosecutorial discretion in his or her favor under the Deferred Action for Childhood Arrivals (DACA) process, including consideration for Renewal of deferred action.” We then needed to gather the proof that she had been in country during the time specified.  We emailed her an affidavit she could have friends and family use to attest they knew her during that time.  She also needed to gather records such as library records showing she had been in the US continuously during that time.  She appeared at court for her fingerprints.

What is needed

Then, right on cue, USCIS requested “evidence” of her residency: Continuous Residence for the previous 5 years; employment records; rent receipts, utility bills, or letters from service companies stating which months service was received; school records from schools attended in the US; military records such as Form DD-214, Certificate of Release, or Discharge from Active Duty; hospital or medical records concerning treatment or hospitalization; religious records showing participation in rites (baptism, first communion, or wedding); and further proof of residence upon a particular date. We got that information assembled and returned within a few weeks.  In the meantime, we filed her I-765 Application for Employment Authorization, and she received her approval within a timely period.  Within a few weeks more, our client received her approval notice, that states “Deferred Action” is an exercise of prosecutorial discretion by USCIS not to pursue removal of an individual from the United States for a specific period (that period being two years).

So the race was on.  Now she was temporarily “documented.”  Within a short time, we filed the I-485 Adjustment of Status and the I-131 Application for Travel Document. A short time after that, USCIS sent the I-485 RFE, requesting our Client’s Sponsor’s tax documents.  We gathered those, and sent them in.  Within a few more months, we received the I-485 IN — the Interview Notice.

MWW Attorneys  took over and prepped the client, during which they tell her what she can expect, assures her  to be calm and “just be honest.”  They arranged for a translator to be present, and for our Client’s mother to be present, as her mother’s father’s I-130 on behalf of her mother was approved previously, and our Client’s mother was her petitioner. During the interview, the officer had a few questions. We assured him it was okay, but the officer was not sure. It was possible our Client could have been a derivative on her mother’s I-130, as our Client was not 21 at that time, but the officer was not sure this was true. The officer had to make sure.  We were right — everything was in order. Within two weeks, our Client had her I-485 AN — Approval Notice, and a few days later, her I-485 WN — Welcome Notice.  And then her Green Card.  This was the end of a long journey for this hard-working family.

Read more of our DACA Success Stories! 

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