More on Deferred Action Approvals

Sarasota Immigration Attorney Victoria Jaensch Karins

USCIS continues issuing Deferred Action for Childhood Arrivals approvals.  The turn-around time is about 2 months on average.  When we applied for Deferred Action we also applied for an Employment Authorization Document (EAD).  Being granted Deferred Action means that the EAD will be issued soon.  Once the EAD is issued, the recipients can take their documents to the local Social Security office and apply for a number.   Social Security numbers take about 7 to 10 days to be issued.  The closest office is at 2001 Siesta Dr., Suite 301, Sarasota, FL 34239.  The phone number is 1-800-772-1213.  They are open Monday-Friday 8:30am to 3pm.

Good luck to all those who applied for Deferred Action.

Deferred Action Applicants Only Need to Enter Official Social Security Numbers

The I-765 and Social Security Numbers

More good news.  Deferred Action applicants who are filling out question 9 on the I-765, Work Authorization Application, DO NOT need to list and Social Security numbers that were not officially issued to them.

We understand that many of those who entered the US without inspection attempt to use a false Social Security number in order to work.  We have received many questions regarding this issue and how to answer question 9 in the I-765.  Previously, it was difficult to say since we wanted applicants to be as forthright as possible.  But every Deferred Action applicant is declaring themselves as having entered the country without inspection.  Using a false Social Security number in addition could have been a disqualifying factor.  We were advising clients on a case-by-case basis.  For example, we examined whether they had a criminal record or any other potential problems before we advised them on listing or not listing their Social Security numbers.

This ruling takes the issue off the table and makes it simpler to fill out the I-765 and to advise on the rest of the application.  We are glad to see this new policy take effect and hope that it attracts more qualifying individuals to apply for Deferred Action.

First Deferred Action Cases Are Approved!

USCIS announced that they began accepting Deferred Action for Childhood Arrivals cases.  

Sarasota Immigration Attorney Victoria Jaensch Karins

USCIS announced that they have begun approving Deferred Action for Childhood Arrivals cases.

Sarasota Immigration Attorney Victoria Jaensch Karins says this is great news.  It means that USCIS is moving more quickly on these cases than anticipated.

Deferred Action could help hundreds of thousands of people who are currently living in constant fear of deportation.  Once granted, it can open the door to quite a few possibilities.  For one thing, those who are granted Deferred Action and employment authorization receive a valid Social Security number.  Secondly, they can apply for Advance Parole which may allow them to travel out of the country.  Lastly, being granted Deferred Action allows individuals to apply for a valid Driver License.

All of these are good benefits.  The Driver License will help all those who cannot drive legally at the moment due to their status.  The Social Security number helps all those who are currently using a false number in order to work.  It is possible that Advance Paroles will allow Deferred Action grantees to travel.  It may be additionally helpful for those who are married to US-citizen spouses because it could allow them to submit their green card applications in the U.S. rather than going through the lengthy waiver process at a U.S. consulate abroad.

Despite this, we have noticed some hesitancy among potential applicants.  We understand that there are two major reasons for this hesitancy.  Some fear that applying for Deferred Action will increase the possibility of deportation since they will be declaring themselves to the government.  Others have voiced a more general concern; is it worth applying?  This is a good question because there is a possibility that this new policy will not be extended which would  deny applicants the ability to renew after 2 years.

We can assure applicants that the USCIS has stated that it will not share their information with the enforcement bureau, ICE, except in certain situations relating to criminal matters, fraud or national security.  In addition, we believe that the potential benefits of Deferred Action outweigh the costs.  The possibility of obtaining a Social Security number and a valid Driver License, not to mention the opportunity to apply for Advance Parole, are benefits that applicants may not be presented with again.

Regardless of the reason for applying, we once again urge all potential applicants to ask a legal professional to help them.  We have heard many questions regarding the application for Deferred Action.  “Should I include all my Social Security numbers?”  “How do I prove residency?” Etc.  Unfortunately, there are many “notarios” who are trying to defraud applicants the way they did back in 2001 with the extension of law 245(i).  Please seek the help of an experienced and ethical immigration attorney in order to avoid this situation.

Related Articles:

1. Those granted Deferred Action can Apply for Advance Parole!
2. How to deal with the Social Security number issue.
3. Como debo responder si he usado un numero de Seguro Social falso?

Victoria Jaensch Karins Speaks about Deferred Action

On Saturday, September 8th, Sarasota immigration attorney Victoria Jaensch Karins spoke at a UnidosNow forum on Deferred Action. The forum was held at the USF campus on Tamiami Trail.

UnidosNow has been organizing many events around immigration issues in general and Deferred Action in particular. They want to make sure that the public is as educated as possible about the new policy. While Deferred Action is bringing the hope of a better life to many people, there are many potential pitfalls and questions that come with the application. We witnessed some of those on Saturday.

Victoria Jaensch Karins Speaks with Carlos Tolentino and Ana Iguaran.

One the biggest concerns had to do with the use of multiple or false social security numbers. Many people who came to the United States without inspection and then have tried to work have done so by picking up a false social security number. This presents a problem when applicants for Deferred Action fill out the I-765 Work Authorization Form and they have to enter “all Social Security numbers ever used.” Quite a few attendees at the forum asked questions about how best to approach this issue.

We do not think that the use of a false Social Security number by itself will disqualify an applicant BUT USCIS is reviewing each application in full and weighing each factor against the other. So, while having a false Social Security number may not be a disqualifying factor by itself, it may become so when combined with a criminal record. Therefore, we always recommend at least consulting with an attorney about your case before you apply.

A reminder: Deferred Action applicants are declaring themselves an illegal alien to a government bureau, there are quite a few potential pitfalls.

Another question that stuck out had to do with the possibility of getting a Driver License after applying for Deferred Action. The answer is YES! Those who are granted Deferred Action can apply for a Driver License.

One attendee in particular wanted to know what the benefits of Deferred Action were. With only a 2-yr validity and the possibility that the it may be repealed it can seem difficult to justify the effort and expense of applying for Deferred Action.

But we believe that the potential benefits far outweigh the costs. Once an applicant is granted Deferred Action s/he will have a valid Social Security number, a valid work authorization and the ability to apply for a valid driver’s license. A lot can happen in two years and there are strategies to gaining a more permanent status once Deferred Action has been granted.

After a Week of Deferred Action Consultations – Initial Observations

We’ve been conducting Deferred Action consultations for a week now. Time to share some of our insights after seeing the process in action.

To begin with, the response has been impressive. We are consulting with potential applicants, establishing eligibility and beginning to prepare applications.

Deferred Action and Social Security Numbers:

Modern Social Security card. (Photo credit: Wikipedia)

One of the issues we came across is the use of multiple or false Social Security numbers. This could be a potential problem as the I-765 (application for employment authorization) asks for all Social Security numbers ever used. At this point there are no test cases to show how this issue will be treated so we do not know what the full implications of using a false Social Security number. We advise anyone who might have used multiple or false Social Security numbers to exercise caution when applying for Deferred Action. As usual we cannot guarantee approval but USCIS is looking at each applicant on a case-by-case basis.

How Does an Immigrant Get a Driver License?

Many foreigners have a difficult time getting a driver’s license here in the United States.  Unlike other countries, the US does not have a robust system of public transportation, one needs a car to get around.  I am attaching a link here that tells foreigners what documents they need to use the GatherGoGet website.

http://flhsmv.gov/ddl/aila/acceptabledocuments.pdf

GatherGoGet is Florida’s DMV site: http://www.gathergoget.com/

Many people ask us if they need a social security number.  The answer is no.  Unless a foreigner has work-authorized status in the United States they will not have a social security number and the DMV does not require it.  If a person has already been issued one, then they do need it.

We hope this helps.  Please post any questions or concerns in the comments section below.  They will be answered promptly.