i-797c

a short, representationally documentative video of one of my many experiences in an office of the U.S. Department of Homeland Security.
DACA applicants like myself are currently required to renew their documentation every two years to continue to use their granted Employment ID (without this, we are barred from employment). DACA, as recipients are painfully aware, does not grant any immigration status or benefit. I-797C is a notice of action from USCIS that requires something from the requestor to acknowledge receipt, rejection, transfer or resubmit documents or attend a mandatory, immovable appointment.
may 2018

the following is not intended as immigration advice - please consult your lawyer or connect to an immigration non-profit to receive support. 

​qualifications for DACA as stated on uscis.gov: 
  1. Were under the age of 31 as of June 15, 2012 (that is, you were born on or after June 16, 1981);
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the time of filing your request for DACA;
  4. Were physically present in the United States on June 15, 2012, and at the time of filing your request for DACA with USCIS;
  5. Had no lawful immigration status on June 15, 2012, and at the time of filing your request for DACA, meaning that:
    • You never had a lawful immigration status on or before June 15, 2012, or
    • Any lawful immigration status or parole that you obtained had expired as of June 15, 2012, and
    • Any lawful status that you had after June 15, 2012, expired or otherwise terminated before you submitted your request for DACA;
  6. Are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a General Education Development (GED) certificate, or are an honorably discharged veteran of the United States Coast Guard or armed forces of the United States; and
  7. Have not been convicted of a felony, significant misdemeanor (that is, a misdemeanor as described in 8 CFR 236.22(b)(6)), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

documents needed for DACA application as stated on uscis.gov:
Proof of identity
  • Passport or national identity document from your country of origin
  • Birth certificate with photo identification
  • School or military ID with photo
  • Any U.S. government immigration or other document bearing your name and photo

Proof you came to the United States before your 16th birthday
  • Passport with admission stamp
  • Form I-94/I-95/I-94W
  • School records from the U.S. schools you have attended
  • Any Immigration and Naturalization Service or DHS document stating your date of entry (e.g., Form I-862, Notice to Appear)
  • Travel records
  • Hospital or medical records
  • Employment records (pay stubs, W-2 Forms, etc.)
  • Official records from a religious entity confirming participation in a religious ceremony
  • Copies of money order receipts for money sent in or out of the country
  • Birth certificates of children born in the United States
  • Dated bank transactions
  • Automobile license receipts or registration

Proof of immigration status
  • Form I-94/I-95/I-94W with authorized stay expiration date
  • Final order of exclusion, deportation, or removal issued as of June 15, 2012
  • A charging document placing you into removal proceedings

​Proof of presence in U.S. on June 15, 2012
  • Rent receipts or utility bills
  • Employment records (pay stubs, W-2 Forms, etc.)
  • School records (letters, report cards, etc.)
  • Military records (Form DD-214 or NGB Form 22)
  • Official records from a religious entity confirming participation in a religious ceremony
  • Copies of money order receipts for money sent into or out of the country
  • Passport entries
  • Birth certificates of children born in the United States
  • Dated bank transactions
  • Automobile license receipts or registration
  • Deeds, mortgages, rental agreement contracts
  • Tax receipts, insurance policies
  • Affidavits stating the start of the continuous presence period if you arrived in the United States before age 8

Proof you continuously resided in U.S. since June 15, 2007

Proof of your student status at the time of requesting DACA
  • Official records (transcripts, report cards, etc.) from the school that you are currently attending in the United States.
  • U.S. high school diploma or certificate of completion
  • U.S. GED certificate

steps to apply for DACA in my own summation, while you're a full-time student:
  1. research qualifications (>10hrs - endless scrolling on govt sites and forums, too many email threads with pro-bono lawyers)
  2. gather original, requested documents (>10hrs)
  3. scan documents (30mins)
  4. email different lawyers for missing documents (1hr/wk)
  5. email mother for other missing documents (<1hr)
  6. fill out forms I-821D, I-765, I-765WS (<5hrs, attend workshop to ensure correctness) 
  7. attach payment to I-821D: $85 (4hrs of minimum wage job)
  8. attach payment to I-765: $410 (16hrs of minimum wage job)
  9. mail the forms to the "correct USCIS Lockbox" (>2hrs researching which one's correct)
  10. wait (1wk)
  11. wait (1wk)
  12. wait (1wk)
  13. wait (1mo)
  14. wait (2mos)
  15. wait (3mos maybe more)
  16. if approved, receive EID in the mail (~1mo)
    1. ​if no SSN, apply for SSN (which is a whole separate thing)
    2. when you receive I-797C, renew every2 yrs or submit yourself to biometrics - depending on the notice (>20hrs)
  17. if not approved, you receive nothing
    1. ​apply again
    2. you also begin accruing 'unlawlful presence' which will be used against you (DHS will use this as justification for deportation etc)

this is not intended as immigration advice - please consult your lawyer or connect to an immigration non-profit to receive support. 
if you need guidance and have nowhere else to turn, feel free to email me at [email protected]