Friday, June 22, 2012

NEW IDEAS FOR DREAM ACT ELIGIBILITY FOR DEFERRED INSPECTION

My colleague Greg Siskind suggested some creative ideas to USCIS to implement the DREAM act eligible children for deferred inspection as President Obama proposed.  
This is designed to be a post to encourage constructive suggestions for implementing the President's new policy for DREAMers. 
Here are two to kick things off - 
1. Use the I-765 as the application form rather than coming up with something new. Simply add a supplemental instruction form regarding eligibility for the policy and listing types of supporting documents that need to be included. 
2. Consider modifying the new ELIS electronic filing system to accept these applications. With a possible million applications coming, the agency is going to face extreme pressures to adjudicate cases in a timely manner and maintain quality control. This is an excellent opportunity for USCIS to show off this robust new system. 
3. Do not delay issuing employment cards until after the deferred action is approved. Consider using TPS and adjustment of status as a model. In both types of cases, work cards are granted while the applicant waits on the approval of the underlying application. 
Remember that not only do you need the EADs to work, but also to get drivers licenses and driving without a license is a way for anti-immigrant zealots like Joe Arpaio in Arizona to make life miserable for DREAMers. 
Expect to see lots of people thrown in jail for the misdemeanor of driving without a license if you decide to wait on issuing EADs. 

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