As of September 11, 2012 the New York Times reports that 72,000 DACA (deferred action) applications have been received by USCIS.  And more good news: the first round of approvals is on its way!  That is much quicker than the 3 months (or longer) that many of us immigration lawyers were expecting.

We have prepared and are filing dozens of DACA applications.  In that time we've seen a number of issues that slow down the process: people have to save up money, they have to track down paperwork, finish school, or a number of other things before they can file.

A lot of people, however, are waiting to see what happens with the people that filed first.  Still others are waiting on the election, because of a belief that if Obama is re-elected in November, the program is safe, but if Obama loses, the program will be in danger because Romney has not yet supported it.

At the end of the day, this all illustrates one important point, one that we at the HMA Law Firm have told each and every one of our clients: Cada caso es diferente - every case is different.  I have seen a number of big mistakes people were about to make.  For example:

• One young man who entered the US on someone else's visa was told by a church official (who was helping do the cases for free) to file Form I-102 to request a copy of the "real" I-94 card.  This does not even make sense: how can you file for a duplicate copy of a fake document, and even if you could, why on earth would you want to?
• Another woman came in with Form I-821D completed by a volunteer and in response to the question "I entered the United States prior to June 15, 2007" had marked "No." The case would have been denied.
• Another young man wanted to file a case and had been told by "his community" to go ahead and try.  Unfortunately, he had two juvenile DUI's (driving under the influence of alcohol) which most likely would have barred him from approval. (Juvenile findings of deliquency are not "convictions" per se, and are treated on a case-by-case basis by USCIS, but given that only one adult DUI bars approval under DACA, two juvenile findings most likely would have, as well.)
• Another woman wasn't sure what she had marked on Form I-9 when applying for a job.  I explained to her it was a big mistake to file without knowing for sure, because if she had claimed to be a citizen, it could affect her future eligibility for status.

Some cases are simple, others are complex.  A lawyer can usually spot a lot of hidden issues that might come up.  The number 72,000 is encouraging, but given what we've seen, it's neither too high nor too low: it's what we expected because while there is a lot of interest, there is a lot of work involved in applying, as well.

We take a break from DACA to report some good news.

This morning, a hardworking man who'd been in the US, undocumented, since childhood, won special rule cancellation of removal under NACARA.

When his case originally went to trial, the previous lawyers were able to demonstrate all the requirements except one.  Under NACARA, if one has a clean criminal record, they only need to show that their removal would result in extreme hardship.  Moreover, the regulations presume hardship.  However, if there is a criminal conviction involving moral turpitude (a "CIMT") then the burden of proof goes up and the alien has to show exceptional and extremely unusual hardship.

Our client had an old petty larceny conviction from Virginia from the 1990's.  The records for such minor crimes are destroyed after 10 years.  And therein lay the problem: petty larceny is considered a CIMT, but there is an exception if it can be shown that less than 6 months of jail time was ordered.

With the record of conviction gone, there was no proof of the length of the sentence.  That meant there was no proof that the "petty offense" exception applied.  That meant there was a CIMT.  That meant the higher "exceptional and extremely unusual hardship" standad applied.  And our guy could not show that level of hardship.

His application was denied and he was ordered removed.  We filed an appeal with the Board, and obtained a letter from a criminal defense attorney in Virginia which opined that although possible, it is extremely unlikely for any jail sentence to be ordered for a first-time petty larceny conviction.

We argued that it is improper to require an alien to prove something, and also insist that only one form of proof (ie, the conviction record) is acceptable.  If an alien has to prove something (like the petty offense exception's applicability) then the judge should have considered any and all evidence.

The Board of Immigration Appeals agreed, rescinded the removal order, and sent the case back to the judge.  We told the judge that all issues in this case had been resolved except one.  That issue is now before you. If you believe the criminal defense attorney, then our guy has proven that the petty offense exception applies, and therefore standard cancellation of removal under NACARA applies, and hardship is presumed, and the application should be granted.  

The judge agreed, terminating proceedings and granting our guy his green card.  In doing so, he remarked it was the first time he had been given a direction by the Board to consider secondary evidence (like a criminal defense lawyer's opinion) of a conviction.

It's a burning question.  A lot of Deferred Action for Childhood Arrivals (DACA) applicants are using or have used fake social security numbers.  Sometimes people just make up numbers, other times they purchase numbers of the street, and sometimes they just use a friend's number.  

On Form I-821D, you are asked to provide your "social security number." On Form I-765 (the work permit application) you are asked to provide all social security numbers you've ever used.

A lot of people are concerned - rightly so - with this question: "If I used a fake SSN, should I put it down on the forms?  And if so, how?" 

UPDATE: As of 9/14/2012, USCIS has indicated that when they ask you for a social security number, they are asking about real, valid social security numbers only.  That means if you've used a fake one, you do NOT need to put it down.

The original posting has been deleted to avoid confusion.

Read about how to get a social security number right here.