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USCIS Updates Its DACA Deferred Action for Childhood Arrivals FAQ; Important Guidance on SSN

USCIS Updates Its DACA Deferred Action for Childhood Arrivals FAQ; Important Guidance on SSN

USCIS on September 14, 2012 updated its FAQ on DACA Deferred Action for Childhood Arrivals, with important guidance on which social security numbers must be listed on the I-765 employment authorization application form. Attorneys and applicants have been left wondering whether incorrect social security numbers used by a non-citizen to qualify for employment on the I-9 form, to obtain unemployment or educational benefits, or to qualify for other government aid or benefits should also be included on the application form. As stated in the FAQ:

Q9. How should I fill out question nine (9) on the Form I-765, Application for Employment Authorization [regarding false social security numbers for my Deferred Action Application]?

A9. When you are filing a Form I-765 as part of a Deferred Action Childhood Arrivals request, question nine (9) is asking you to list those Social Security numbers that were officially issued to you by the Social Security Administration.

The FAQ also provides guidance on how much evidence must be included to establish 5 years continuous residence for DACA eligibility:

You should provide documentation to account for as much of the period as reasonably possible, but there is no requirement that every day or month of that period be specifically accounted for through direct evidence. It is helpful to USCIS if you can submit evidence of your residence during at least each year of the period. USCIS will review the documentation in its totality to determine whether it is more likely than not that you were continuously residing in the United States for the period since June 15, 2007.

Lastly of note, the FAQ discusses what it will do to employers where thre is evidence of unlawful hiring activity of undocumented immigrant workers:

This information will not be shared with ICE for civil immigration enforcement purposes pursuant to INA section 274A unless there is evidence of egregious violations of criminal statutes or widespread abuses.

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