This is one of the most commonly asked questions from our Deferred Action clients. It all depends on a state. Sadly, Nebraska and Arizona are both set on denying driver’s licenses to Deferred Action beneficiaries. On a bright side, so far these are the only states that are expressly denying this privilege.

Some States Indicated They Would Issue Driver’s Licenses to Deferred Action (DACA) Beneficiaries.

It is our hope that more states would follow California’s suit. California, a state with the largest population of potential Deferred Action applicants, took an admirable and a straightforward stance on the issue. Once an individual gets Deferred Action, they also become eligible for driver’s license in California. In addition to California, Texas, Georgia and North Carolina have all indicated that they would issue driver’s licenses to Deferred Action (DACA) beneficiaries. In NY and NJ, driver’s license applicants who present a work permit, SSN and are in possession of other documents required by a 6 point system should be approved.

Many Advantages to Deferred Action Policy.

An ability to get driver’s license is one of the many advantages of Deferred Action (DACA) policy. Under this program, eligible individuals are able to obtain work permits and SSN numbers. And, US government would stop removal proceedings of eligible individuals. Educate yourself on Deferred Action (DACA) requirements and Deferred Action FAQs available in both English and Spanish.

Deferred Action (DACA) application period only opened a week ago, but we’ve already filed many DACA applications for our clients. By filing so many different and complex Deferred Action applications, we at Valentini Law Offices are developing unique hands-on insight and expertise in this new policy. You could benefit from our expertise by contacting Deferred Action Lawyer for a confidential case evaluation and consultation in Spanish or English. When coming in or calling in for a consultation, please make sure to bring your passport and, if available, an I-94 (otherwise known as “white card”) and school and immunization records.

On January 6, 2012 USCIS announced a proposal to streamline the application process for the spouses and children of US citizens currently eligible for legal permanent residency (green card). This proposal will minimize the amount of time that applicants would have to be separated from their US-based families.

Current process. Thousands of persons who have qualifying US citizen relatives must leave the US to obtain their lawful permanent residency (green card), but as soon as they leave, they are immediately barred from re-entering for 3 or 10 years if they have been unlawfully present in the U.S. for more than 180 days. Many are eligible for an «extreme hardship» waiver, but under current rules, the waiver can only be applied for from overseas. Since the extreme hardship waiver application process takes years many eligible applicants do not apply for legal permanent resident status (green card), choosing to remain in the US unlawfully rather than risk lengthy separation from their US-based families.

Proposed process. A provisional waiver application may be submitted in the US and the applicant may continue to wait in the US until a decision is made. If it is granted, the visa applicant may proceed to a visa interview outside of the US. To qualify for the provisional waiver, it will still be necessary to establish extreme hardship, but the qualifying hardship will be limited to a US citizen parent or spouse. The «provisional waiver» proposal recognizes that there is no practical reason for forcing spouses and children of US citizens to wait overseas for years while their application for a waiver is pending.

We would like to emphasize that the «provisional waiver» is merely a proposal at this time, it is not yet in place. Be vigilant and avoid becoming a victim of immigration scams claiming that an immigration amnesty or immigration reform has been passed!

It is ironic that VAWA adjudication vehicle created out of concern and compassion for immigrant survivors of domestic violence seems to be running out of steam. Our current and future VAWA clients need to understand that while their safety and well-being is still a priority, they need to be organized and detail-oriented when it comes to documenting their story. We hope that a few suggestions below would help a potential VAWA applicant substantiate their story:

1) No matter how painful it is, keep your join photos and memorabilia (albums, cards, gifts, receipts, etc) even if you have to move or go to a shelter.
2) If in doubt on item’s evidentiary value, do not discard it. Rather, show it to your attorney.
3) Be friendly with people in your building or area: landlord, building staff, super, neighbors, neighborhood store and bank clerks. If everything else fails, you might have to turn to their help to prove your residence.
4) Now that every single VAWA application is heavily scrutinized and many are denied, consider being represented by a VAWA expert.