DACA FAQ

FREQUENTLY ASKED QUESTIONS –

1) What is the difference between “significant misdemeanor”, “insignificant misdemeanor”, and “felony”?

Felony Significant Misdemeanor Non-significant Misdemeanor
A felony is a federal, state or local criminal offense punishable by imprisonment for a term exceeding one year.  A significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and:

  1. Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,
  2. If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.
 A crime is considered a non-significant misdemeanor (maximum term of imprisonment is one year or less but greater than five days) if it:

  1. Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; and
  2. Is one for which the individual was sentenced to time in custody of 90 days or less.

*USCIS DACA website*

2) What type of documentation can I submit to prove eligibility?

Examples of Documentation to Submit to prove eligibility for program – this does not serve as an official list of all documentation that USCIS will accept for DACA.

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 U.S. 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 (Form I-862, Notice to Appear)
  • Travel records
  • Hospital or medical records

 
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 in or out of the country
  • Passport entries
  • Birth certificates of children born in the U.S.
  • Dated bank transactions
  • Social Security card
  • Automobile license receipts or registration
  • Deeds, mortgages, rental agreement contracts
  • Tax receipts, insurance policies
Proof you continuously resided in U.S. since June 15, 2007
Proof of your student status at the time of requesting consideration of deferred action for childhood arrivals
  • School records (transcripts, report cards, etc) from the school that you are currently attending in the United States showing the name(s) of the school(s) and periods of school attendance and the current educational or grade level
  • U.S. high school diploma or certificate of completion
  • U.S. GED certificate
Proof you are an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.
  • Form DD-214, Certificate of Release or Discharge from Active Duty
  • NGB Form 22, National Guard Report of Separation and Record of Service
  • Military personnel records
  • Military health records

*USCIS DACA website

3) May I file affidavits as proof that I meet the guidelines for consideration of deferred action for childhood arrivals?

Affidavits generally will not be sufficient on their own to demonstrate that you meet the guidelines for USCIS to consider you for deferred action for childhood arrivals.
However, affidavits may be used to support meeting the following guidelines only if the documentary evidence available to you is insufficient or lacking:

  • A gap in the documentation demonstrating that you meet the five year continuous residence requirement; and
  • A shortcoming in documentation with respect to the brief, casual and innocent departures during the five years of required continuous presence.

If you submit affidavits related to the above criteria, you must submit two or more affidavits, sworn to or affirmed by people other than yourself, who have direct personal knowledge of the events and circumstances.
USCIS will not accept affidavits as proof of satisfying the following guidelines:

  • You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development certificate, or are an honorably discharged veteran from the Coast Guard or Armed Forces of the United States;
  • You were physically present in the United States on June 15, 2012;
  • You came to the United States before reaching your 16th birthday;
  • You were under the age of 31 on June 15, 2012; and
  • Your criminal history, if applicable.

4) Will I be able to get a Maryland Driver’s License?

With the DACA Work Permit & Social Security, you will be able to obtain your Driver’s License at your local MVA. This is a privilege that CASA de Maryland campaigned for many years ago.

5) Will I be able to get in-state tuition in a Maryland College and/or University?

The rules on in-state tuition varies from college to college, university to university. Contact us to find out if your college or university accepts DACA for tuition purposes. If it does not, it will take some advocacy to ensure that your college or university accepts DACA for tuition purposes.

6) If I entered the United States when I was 16 or older, can I apply for DACA? 

No. To apply for DACA, you need to meet the requirements of the program. One of those requirements states that you must have had entered the United States before turning 16 years old.

7) What do I have to bring to be assisted at CASA DACA Clinic?

As mentioned in “DACA CLINICS”, you must bring with you a CASA de Maryland ID or get one at the Clinic site, an administrative fee of $25.00, a Money Order of $465.00, 2 passport-size pictures, and all your documentations to prove eligibility for DACA.

If you have any more questions, not mentioned above, please feel free to submit it to us in the form below.

Deferred Action

DACA Requirements

DACA Clinics

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