Legal Steps for Immigrants Seeking Deferred Action in Colorado

Legal Steps for Immigrants Seeking Deferred Action in Colorado

Deferred Action for Childhood Arrivals (DACA) is a significant option for many immigrants in Colorado wishing to remain in the United States temporarily. It provides some protection from deportation and eligibility for work permits. However, the process can be complex and requires navigating various legal steps. This article will outline the essential legal steps for immigrants seeking deferred action in Colorado.

1. Determine Eligibility for DACA

Before applying for DACA, individuals must assess their eligibility. To qualify, applicants must have entered the U.S. before the age of 16, have continuously resided in the U.S. since June 15, 2007, be under 31 years old as of June 15, 2012, and must have not been convicted of a felony, significant misdemeanor, or multiple misdemeanors. Additionally, applicants should meet educational or military service requirements.

2. Gather Required Documentation

Documentation plays a critical role in the DACA application process. Applicants should gather the necessary documents that prove their identity, age, and residency in the U.S. This includes:

  • Government-issued identification (such as a passport or birth certificate)
  • School records (transcripts or report cards)
  • Employment records (pay stubs or tax returns)
  • Medical records (if applicable)

3. Complete the DACA Application Form

The main application form for DACA is Form I-821D, the Consideration of Deferred Action for Childhood Arrivals. Alongside this, applicants must also complete Form I-765 to apply for employment authorization and Form I-765WS to show economic necessity. It's essential to fill out these forms accurately and honestly to avoid any issues.

4. Pay the Filing Fees

As of 2023, the total fee for processing Form I-821D and the related forms is $495. Payment can be made via check or money order, payable to the U.S. Department of Homeland Security. Fee waivers may be available for individuals demonstrating financial hardship, but applications for fee waivers should be filed alongside the DACA application.

5. Submit the Application

After completing the forms and gathering the necessary documentation, applicants must submit their application to U.S. Citizenship and Immigration Services (USCIS). The application should be sent via certified mail to ensure a record of submission. It's crucial to keep copies of all submitted materials for personal records.

6. Attend the Biometrics Appointment

After USCIS processes the application, applicants will receive a notice to attend a biometrics appointment. During this appointment, officials will collect fingerprints, photographs, and signatures. It's vital to attend this appointment as failure to do so may result in application denial.

7. Await Decision

After the biometrics appointment, the next step is to await a decision from USCIS. Processing times can vary, so it’s important to be patient. Applicants can check the status of their application online or through USCIS’s customer service.

8. Consider Legal Assistance

Given the intricacies of immigration law, it's often beneficial for applicants to consult with an immigration attorney, particularly if they have unique circumstances or prior immigration violations. Legal professionals can provide guidance tailored to individual situations, ensuring that all forms are filled out correctly and submitted in a timely manner.

9. Renewal of DACA

DACA is not a permanent status and must be renewed every two years. It’s essential for applicants to keep track of their expiration date and initiate the renewal process well in advance. The renewal process is generally similar to the initial application but includes the submission of updated documentation showing continued eligibility.

By following these legal steps, immigrants in Colorado can navigate the DACA application process more effectively. Understanding eligibility requirements, preparing the necessary documentation, and seeking legal advice when needed can significantly improve the chances of obtaining deferred action. Stay informed about any changes in immigration policies that may affect DACA status or eligibility.