339 Lafayette St, Suite 304
•
New York, NY 10012
• 212.473.2570 •
info@nysylc.org
•
nysylc.org
Other Forms of Relief besides Deferred Action for Childhood Arrivals (DACA)
On June 15, 2012, Obama announced a policy change called Deferred Action for Childhood Arrivals (DACA) which wouldstop the deportation of some youth and provide them with work authorization. However, Deferred Action does not putyou on a path to citizenship. There are different types of visas, and other forms of relief, besides Deferred Action forChildhood Arrivals (DACA). Here is a brief overview of some visas and links to the USCIS website where you can get moreinformation. If you think you may qualify for any of these and need help, feel free to contact us.
To be eligible for DACA:Age
You must be 15-30 years old to apply.
DHS has indicated that those who were under 31 years old as of June 15, 2012 (the date of the President’s
announcement) will most likely be able to apply.You must have arrived in the U.S. before you turned 16.In addition, DHS has indicated that this protection will be available to youth under 15 years old if they are inremoval proceedings.
Continuous Presence
In order to apply, you must be continuously present in the U.S. for a minimum of 5 years.You must have been present in the U.S. on June 15, 2012.
Education or military service
At least one of the following must be true in order for you to apply:
You are currently in high schoolYou have earned a GED or high school diplomaYou have been honorably discharged from the U.S. armed forces.We have recently learned that you do not need to have earned your GED by the June 15 announcement date. Thismeans that even if you are not currently pursuing your education, you can earn your GED now and apply in the future.
Clear criminal record (a criminal background check will be required)
Any one of the following will make you
ineligible
for Deferred Action:felonysignificant misdemeanorthree or more misdemeanors of any kindIf you are considered a threat to national security or public safety, you are not eligible and are at increased risk forremoval.
339 Lafayette St, Suite 304
•
New York, NY 10012
• 212.473.2570 •
info@nysylc.org
•
nysylc.org
Special Immigrant Juvenile (SIJ) Status
The purpose of the Special Immigrant Juvenile (SIJ) program is to help foreign children in the United States who havebeen abused, abandoned, or neglected. Certain children who are unable to be reunited with a parent can get a greencard as a SIJ. Children who get a green card through the SIJ program can live and work permanently in the United States.
To be eligible for SIJ status:
You must be under 21 years old on the filing date of the Form I-360, Petition for Amerasian, Widow(er), orSpecial ImmigrantYour state court order must be in effect on the filing date of the Form I-360 and when USCIS makes a decision on
your application, unless you “aged out” of the state court’s jurisdiction due to no fault of your own
You cannot be married, both when you file your application and when USCIS makes a decision on yourapplication.
“Not married” includes a child whose marriage ended because of:
Annulment
Divorce
DeathYou must be inside the United States at the time of filing the Form I-360
If you are in the legal custody of the U.S. Department of Health and Human Services (HHS):
You must request permission from HHS for the court to legally place you somewhere elseYou do not need to request permission from HHS if the state court does not place you somewhere else.Source and for more information:http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3d8008d1c67e0310VgnVCM100000082ca60aRCRD&vgnextchannel=3d8008d1c67e0310VgnVCM100000082ca60aRCRD
339 Lafayette St, Suite 304
•
New York, NY 10012
• 212.473.2570 •
info@nysylc.org
•
nysylc.org
Battered Spouse, Children & Parents
As a battered spouse, child or parent, you may file an immigrant visa petition under the Violence against Women Act(VAWA). VAWA allows certain spouses, children and parents of U.S. citizens and permanent residents (green cardholders) to file a petition for themselves without the abuser's knowledge. This will allow you to seek both safety andindependence from the abuser. The provisions of VAWA apply equally to women and men. Your abuser will not benotified that you have filed for immigration benefits under VAWA.
Eligibility Requirements for a Spouse
married to a U.S. citizen or permanent resident abuser oryour marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years priorto filing, oryour spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing due toan incident of domestic violence, oryou believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but themarriage was not legitimate solely because of the bigamy of your abusive spouse.have been abused in the United States by your U.S. citizen or permanent resident spouse, orhave been abused by your U.S. citizen or permanent resident spouse abroad while your spouse was employedby the U.S. government or a member of the U.S. uniformed services, or are the parent of a child who has beensubjected to abuse by your U.S. citizen or permanent spouse.You entered into the marriage in good faith, not solely for immigration benefits.You have resided with your spouse and are a person of good moral character.
Eligibility Requirements for a Child
are the child of a U.S. citizen or permanent resident abuser or were the child of a U.S. citizen or permanentresident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violencehave been abused in the United States by your U.S. citizen or permanent resident parenthave been abused by your U.S. citizen or permanent resident parent abroad while your parent was employed bythe U.S. government or a member of the U.S. uniformed serviceshave resided with the abusive parent and have evidence to prove your relationship to your parentmust provide evidence of good moral character if you are over the age of 14
Eligibility Requirements for a Parent
You are the parent of a U.S. citizen son or daughter or were the parent of a U.S. citizen son or daughter who lostor renounced citizenship status related to an incident of domestic violence or died within 2 years prior to filingYou have been abused by your U.S. citizen son or daughter and have resided with the abusive son or daughterYou are a person of good moral characterSource and for more information:http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b85c3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=b85c3e4d77d73210VgnVCM100000082ca60aRCRD
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Other Forms of Relief Besides Deferred Action for Childhood Arrivals
Deferred Action for Childhood Arrivals was announced on June 15. This policy change would stop the deportation of some youth and grant them work authorization. However, Deferred Action does not put you on a path to citizenship. There are other forms of relief besides Deferred Action.
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