Evidence & Date Ranges Needed for Deferred Action Applications

This article focuses on both the evidence and the date ranges of the evidence necessary for an eligible DREAMer to apply for  Deferred Action.  I have detailed some of the known eligibility standards in a prior posting.

We are all waiting for further guidance on the exact procedures from U.S. Citizenship and Immigration Services (USCIS).  USCIS must establish an application process within 60 days of the date of the original Deferred Action memorandum, i.e., on or before August 14, 2012.  Confusion and concerns of legal fraud continue to grow as Applicants and their families await further guidance from USCIS.    However, DREAMers can assemble their eligibility documents now while they wait for further guidance.  The questions then become, what evidence does a DREAMer need and what date ranges should that evidence cover?

Evidence

The evidence a DREAMer would need includes, but is not limited to: financial records, medical records, school records, employment records, and military records.  SOURCE.  USCIS should release further guidance on what extent or how much of this documentation it would require.  For most DREAMers, school and medical records would be their main forms of evidence to submit.

Date Ranges

DREAMers should take note that they would need evidence to cover Three Separate Date Ranges.  Here are the date ranges:

1. The individual came to the United States before the age of 16
2. The individual has resided in the United States for a least five years preceding June 15, 2012 
3. The individual was physically present in the United States as of June 15, 2012

To illustrate. let us look at a hypothetical example of a DREAMer who was exactly 20 years old on June 15, 2012.  The DREAMer would therefore need to show the following:

1.  Financial records, medical records, school records and the like from before June 15, 2008.  So, this would be records from earlier than June 15, 2008 showing the DREAMer was in the country before the age of 16.

2.  This hypothetical DREAMer would need to show residence in the U.S. for 5 years preceding June 15, 2012.  This would be the same types of records from June 14, 2007 to June 14, 2012.

3.  The DREAMer would need to show Physical Presence on June 15, 2012.  Again, it is the same types of evidence, but how does one show physical presence on one particular date, ie. June 15, 2012?  Most of us do not have bills dated in the middle of the month.  Based on past experience with USCIS, I would estimate that USCIS would accept a date range of documents to show presence in the country on June 15, 2012.  Therefore, I would estimate a DREAMer could show evidence dated June 1(or early June), 2012 and July 1(or early July), 2012 to satisfy this requirement. 

Granted, we are waiting for further instructions from USCIS.  This does, however, look like a fairly tricky application.  A DREAMer needs to pay close attention to these dates.  For further information, please contact this office.