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 would stop the deportation of some youth and provide them with work authorization. However, Deferred Action does not put you on a path to citizenship. There are different types of visas, and other forms of relief, besides Deferred Action for Childhood Arrivals (DACA). Here is a brief overview of some visas and links to the USCIS website where you can get more information. 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 Presidents 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 in removal 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 school You have earned a GED or high school diploma You 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. This means 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 ineligiblefor Deferred Action: felony significant misdemeanor three or more misdemeanors of any kind If you are considered a threat to national security or public safety, you are not eligible and are at increased risk for removal.

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Special Immigrant Juvenile (SIJ) Status The purpose of the Special Immigrant Juvenile (SIJ) program is to help foreign children in the United States who have been abused, abandoned, or neglected. Certain children who are unable to be reunited with a parent can get a green card 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), or Special Immigrant Your 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 courts 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 your application. Not married includes a child whose marriage ended because of: Annulment Divorce Death You 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 else You 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=3d8008d1c67e03 10VgnVCM100000082ca60aRCRD&vgnextchannel=3d8008d1c67e0310VgnVCM100000082ca60aRCRD

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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 card holders) to file a petition for themselves without the abuser's knowledge. This will allow you to seek both safety and independence from the abuser. The provisions of VAWA apply equally to women and men. Your abuser will not be notified that you have filed for immigration benefits under VAWA. Eligibility Requirements for a Spouse married to a U.S. citizen or permanent resident abuser or your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing, or your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing due to an incident of domestic violence, or you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage 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, or have been abused by your U.S. citizen or permanent resident spouse abroad while your spouse was employed by the U.S. government or a member of the U.S. uniformed services, or are the parent of a child who has been subjected 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 permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence have been abused in the United States by your U.S. citizen or permanent resident parent have been abused by your U.S. citizen or permanent resident parent abroad while your parent was employed by the U.S. government or a member of the U.S. uniformed services have resided with the abusive parent and have evidence to prove your relationship to your parent must 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 lost or renounced citizenship status related to an incident of domestic violence or died within 2 years prior to filing You have been abused by your U.S. citizen son or daughter and have resided with the abusive son or daughter You are a person of good moral character Source and for more information: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b85c3e4d77d732 10VgnVCM100000082ca60aRCRD&vgnextchannel=b85c3e4d77d73210VgnVCM100000082ca60aRCRD

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Victims of Criminal Activity: U Nonimmigrant Status Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Womens Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. To be eligible for a U-Visa: You are the victim of qualifying criminal activity. o Qualifying crimes are: abduction, abusive sexual content, blackmail, domestic violence, extortion, false imprisonment, female genital mutilation, felonious assault, hostage, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual assault, sexual exploitation, slave trade, torture, trafficking, witness tampering, unlawful criminal restraint, and other related crimes. You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity. You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf. You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf. The crime occurred in the United States or violated U.S. laws You are admissible to the United States. If you are not admissible, you may apply for a waiver. Source and for more information: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ee1e3e4d77d732 10VgnVCM100000082ca60aRCRD&vgnextchannel=ee1e3e4d77d73210VgnVCM100000082ca60aRCRD

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Victims of Human Trafficking: T Nonimmigrant Status In October 2000, Congress created the T nonimmigrant status by passing the Victims of Trafficking and Violence Protection Act (VTVPA). Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life. Traffickers often take advantage of poor, unemployed individuals who lack access to social services. The T Nonimmigrant Status (T visa) is a set aside for those who are or have been victims of human trafficking, protects victims of human trafficking and allows victims to remain in the United States to assist in an investigation or prosecution of human trafficking. To be eligible for a T-Visa: Are or were a victim of trafficking, as defined by law Are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (or you are under the age of 18, or you are unable to cooperate due to physical or psychological trauma) Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States Are admissible to the United States. If not admissible, you may apply for a waiver. Source and for more information: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=02ed3e4d77d732 10VgnVCM100000082ca60aRCRD&vgnextchannel=02ed3e4d77d73210VgnVCM100000082ca60aRCRD

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