Recently, the USCIS published statistics on DACA filings. I was quite surprised at the results, especially as it concerned Filipinos. It showed that as of November 15, 2012, 308,935 people applied, and 53,273 applications have already been approved. However, out of the 308,935 people who applied, only 2,613 were Filipinos!
Don’t tell me that there are less than 3,000 Filipinos throughout the entire US who believe that they are qualified for DACA benefits! The reason I find this so surprising is that Filipinos are very family oriented. The Philippines has one of the highest rates of family and employment based petitions in the world. Because so many Filipinos have petitioned family members, it can sometimes take 20 years or more for a family member to immigrate. So I know that Filipinos know how to pursue immigration benefits.
I also know that Filipinos came to America in order to pursue a better life for their children. Many parents have sacrificed in order that their children can pursue the “American dream”. DACA allows qualified\eligible young people, who were brought to the US at an early age, to obtain work authorization, SS numbers and driver’s licenses, etc. In other words, while DACA does not result in a “pathway to citizenship”, it at least provides qualified young people some hope and “breathing space” against removal\deportation. And yet less than 3000 Filipino parents have pursued this benefit for their children?
I know that some people had been reluctant to pursue DACA benefits for a number of reasons:
• Many people were worried that if Mitt Romney was elected president, he would terminate the DACA program. Therefore, why apply before the election, because if Romney was elected, what would happen to the case? Well, Barack Obama was reelected president, so that excuse is no longer valid.
• Some parents were concerned that if their child applied for DACA the USCIS might “come after” the parents, who may also be out of status. However, DHS has said that it will ordinarily not use DACA filings to go after either the child or the child’s parents, even if the case is denied (unless DHS finds that the child or the parents are terrorists, have a criminal record, etc.) And I note that the USCIS had a positive track record of keeping filings confidential. There were several programs in the past where USCIS said that they would keep the filings confidential and/or not go after the applicants, such as CSS/LULAC, SAW, etc. Also, if you think about it, many people filed petitions and applications before April 30, 2001 in order to secure the benefits of section 245(i). The whole reason for filing was so that someone who was out of status could preserve his or her future ability to adjust status in the US. So, there were hundreds of thousands of petitions and applications, providing the address of the beneficiary, yet the USCIS never really used those filings to “go after” the applicant. So, I don’t think that the concern about confidentiality, disclosure, etc. should prevent Filipinos from pursuing DACA benefits.
• As already noted in this article, over 300,000 people have already applied for DACA benefits. Do you think that USCIS has the time, resources, and inclination, to now “go after” all of those hundreds of thousands of people?
I know the Filipino parents came to the US for the sake of their children. However, because of the parents’ illegal status, their children are now suffering, in that they cannot get drivers licenses, they may not be able to go to college or get a scholarship, cannot find a decent job, etc. But their children are now being offered a way by which they can obtain work authorization, drivers license, SS number, possible ability to travel outside the US, and yet only 2,613 Filipino families have pursued this benefit?
If you think that you (or your child) are eligible for DACA benefits, I would definitely recommend that you seek the advice of an attorney who can evaluate your situation, determine your eligibility, help you gather and package the information and documents establishing your eligibility, so that you can start pursuing your American dream.
The basic requirements for DACA are:
– Be between the ages of 15 and 30, and entered the US before his or her 16th birthday.
– Were physically present in the US on June 15, 2012 and entered without inspection (EWI) or TNT as of June 15, 2012
– Resided continuously in the US for at least 5 years before June 15, 2012, meaning came to US BEFORE June 15, 2007 (when under 16 years of age)
– Has not been convicted of a felony, a significant misdemeanor, or multiple minor misdemeanors, or otherwise pose a threat to public safety or national security; and
– Be currently enrolled in school, graduated from high school, have a GED (general education development) certificate, or are an honorably discharged veteran.
– This relief would be available to people who: (a) are currently in removal proceedings; (b) have a final order of deportation/removal against them; or (c) have never been in removal/deportation proceedings.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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