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Regarding Deferred Action for Childhood Arrivals for my wife. She qualifies, but do we have all necessary proof, documentation?

Fort Lauderdale, FL |

My wife completely qualifies for DACA & we have barely any income, just enough to pay the DACA fees. We cannot afford a lawyer, so we need advice desperately. She does have an order for removal dated back in '95, but has never been in trouble or left the USA since arrival. We don't have the actual deportation order, but have proof of the I-94 & expiration date. Is this ok? The only picture I.D. she has is on her passport. She has records that show she's been here since 4 yrs old & she's 27, has H.S. diploma & medical records, marriage certificate that shows her presence here in 2012. Since we are filing ourselves, how do we submit all of this? Certified mail? put all copies in a huge envelope? How do we send the money? Money order? Please help guide us or point us in right direction!!

Attorney Answers 3

  1. Best answer

    If your wife has an order of deportation from 1995, then you're wrong that she's "never been in trouble." That is a SERIOUS issue that will probably affect whether it's prudent for her to apply for DACA. There are many, many of us attorneys assisting with these applications either pro bono or at an extremely reduced cost, and many bar associations/community centers are conducting free clinics, as well. I strongly encourage you to discuss her situation with an attorney before she applies (consultation fees -- if not free -- are generally nominal, and having a consultation doesn't mean you have to have an attorney prepare the entire application for you).

    DACA aside, it's a terrible idea for your wife to be walking around with an order of deportation that you/she knows nothing's the equivalent of an arrest warrant and means she can be apprehended and removed from the United States at any time with no further proceedings.

    THIS ANSWER IS FOR INFORMATIONAL PURPOSES ONLY, DOES NOT CONSTITUTE LEGAL ADVICE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Immigration is complicated and the wrong action can have serious consequences. Never take action in your case based solely on general information like is offered here. Speak to an attorney who can give you specific advice about your own situation.

  2. I agree with my colleague.

  3. The deportation issue needs to be addressed before you wife applies for DACA benefits. If you cannot afford a private immigration attorney, there are many agencies which will provide immigration assistance to low income persons and families. I suggest you start by contacting the Legal Aid Society of Broward County to see if your qualify for assistance and if not, they can probably put you in the right direction.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation.

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