DACA AND IN-STATE TUITION FOR IMMIGRANT STUDENTS
"EL SHOW SIN FRONTERAS"
Spanish Video Above Translated In English Below
Today's Live Transmission
Today, our Live kicked off with excellent news from our hosts Kate and Fidel: the first initial DACA application since Trump has been out of office has been approved. The DACA program was announced in 2012 by President Obama, and if the applicant meets all the requirements, they obtain a work permit valid for 2 years that can be used to apply for a Social Security Number, a driver's license, and a Texas ID. It also allows you to travel within the United States and, once approved, you can also apply for an Advanced Travel Permit (Advanced Parole) that allows you to travel outside the United States. Our topic for today is DACA & Undocumented Students
Fidel Campuzano Shared With Us
Fidel Campuzano, our firm's administrator, has first-hand knowledge of the DACA process, as he is a beneficiary of the program himself. He was born in Mexico and his parents decided to travel to the United States when he was 9 years old. He had the opportunity to attend elementary and high school without any problems, however, his immigration status began to affect his education the moment he wanted to apply for a study abroad program. One of the requirements was to have legal immigration status or resident status.
To apply for the DACA program you need to show evidence that you have been in the U.S. the entire time since your entry, and according to attorney Kate, the best way to prove your stay is through academic records or a bank statement. Ideally, you should have at least one piece of evidence for each month of stay.
Despite being undocumented, Fidel feels that he was very lucky to be in Texas, since before graduating from high school he always knew that thanks to the In-State Tuition for Immigrant Students, going to college was one of his options.
What Are The Requirements That Undocumented Students Must Meet?
The requirements for the DACA Program are:
- Must have been in the United States before June 15, 2007.
- Must have entered the country before the age of 16.
- Must have been in the United States continuously since entry without having left for long periods of time or undergone forced departure (deportation).
- Not having committed serious crimes (sentences of more than 90 days).
What are the DACA Program Requirements?
The requirements to be a beneficiary of this in-state tuition law are the following:
- Must have graduated from a Texas high school or have a Texas GED.
- Must have resided in Texas for at least 3 years prior to graduating from high school.
- A notarized document in which the student agrees to normalize his/her immigration status as soon as possible. This must be sent to all universities to which he/she applies.
During our long career advising our immigrant clients in their process of obtaining their documentation, we have always kept in mind that each case is unique, so we do not advise our clients to compare their situations with those of their family and friends who have gone through similar immigration processes. As for DACA renewals, we advise that they be filed within 120 to 150 days before their expiration.
Q&A - Viewers had the chance to ask us their questions about immigration
The following question came up: "I have a question regarding the DACA program and renewal, what if you notice that your last name is spelled incorrectly and the renewal is due this year, would there be a problem?"
Kate suggested that in this case, you could correct the last name on the renewal application and make a note of it in the cover letter. It is important to be careful with this type of change with the work permit since, as Kate mentioned, you would also have to change your Social Security and driver’s license (among other documents).
.Q: "Can I take domestic flights within the U.S. even if I am undocumented? From Texas to Las Vegas."
A: Immigration attorney Kate responded to this question by reminding us that the only requirement for travel within the United States is an identity document. Therefore, it would technically be possible to travel using your home country's passport. However, the risk of encountering immigration agents is very high, mainly at international airports. In case you are apprehended, it is important to mention if you have pending immigration processes, whether it is a green card or a work permit.
Q: "Can someone apply for DACA after their felonies have been expunged?"
A: Kate clarified for us that the purpose of expunging these felonies is so that they no longer appear on a person's record, for example when they apply for a job and the employer decides to do a background check. However, for immigration purposes, even though the crimes have been expunged from the record, the conviction is still there and may even make the process a bit more complicated since there will be no access to any related records. Kate suggested trying a dismissal process or something called "post-conviction relief" which is the submission of additional evidence in a case that has already been sentenced.
The opportunities that an undocumented person can access after legalizing their immigration status will definitely have a positive impact on their quality of life and here at Lincoln-Goldfinch Law we are ready to answer any questions you may have regarding your case. You can contact us at (855) 502-0555 for a free consultation regarding your case. We’ll let you know what options you may have available to you. You can also contact us through our Facebook, Tik Tok and Instagram.