According to AILA (American Immigration Lawyers Association), the Department of Homeland Security is in the process of changing its policy towards minors charged with making false claims to US Citizenship. False Claims are particularly dangerous given that one deemed to be culpable of such conduct is inadmissible under INA 212(a)(6)(C)(ii) as well as deportable under INA 237(a)(3)(D). Generally speaking, there is no waiver. Currently, there is a narrow exception. INA 237(a)(3)(D)(ii) states: "In the case of an alien making a representation...if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable...." INA 212(a)(6)(C)(ii)(II) has a similar provision regarding inadmissibility.
USCIS recently released some preliminary numbers regarding applications for Deferred Action as a Childhood Arrival. Between August 15 to September 13, 2012, 82,361 applications for deferred action were accepted for processing. 63,717 have been scheduled for biometrics. 1,660 are ready for review, and 29 requests have been completed. While 82,000 may seem like a lot, it doesn't even come close to representing the number of young people that are eligible to apply. For whatever reason, everybody who is eligible to apply apparently has not rushed to apply--and maybe for good reason. As previously discussed in other blogs and articles, careful thought and consideration should be given before an individual applies for deferred action. Also of interest is what the numbers are not telling us: does the approximately 82,000 represent the number of applications filed, or only those that have been accepted? The statistics say "accepted for processing," which may mean that many more were filed, but possibly rejected due to filing defects, whether it be incorrect filing fees, improperly filed forms, missing forms, etc. 29 requests have been completed, but it is not clear whether these requests were approvals or rejections.
Our office is frequently asked by our new immigrant clients, as well as those here on working visas, what is required to get a driver's license. In New Jersey, the Motor Vehicle Commission (or what people commonly refer to as the "DMV") regulates licensing. Their web page can be found here. http://www.state.nj.us/mvc/index.htm. New Jersey has a 6-point verification test in which applicants must demonstrate proof of identity by showing a total of at least 6 points in order to qualify for a driver's license or non-driver identification card. Each document is assigned a certain number of points. Individuals must show at least one Primary Document and one Secondary Document. While US Citizens rarely have problems in meeting the six points, non-citizens, on the other hand, sometimes find it challenging to gather enough documents to accumulate the necessary points. The actual brochure can be assessed on the website. The point of this entry is merely to highlight the point value of some common documents.