Social Security Numbers and DACA

14 Sep

The Citizenship & Immigration Service (CIS) published additional guidance today on Deferred Action for Childhood Arrivals (DACA).  The CIS updated the Frequently Asked Questions, which includes a snazzy video.
New significant information has been provided regarding the infamous question number 9 on the I-765 application for employment authorization.  Here is what the CIS has to say about this question, which asks applicants about social security numbers:

New – Q9. How should I fill out question nine (9) on the Form I-765, Application for Employment Authorization?
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.

This was the advice that we provided in our DACA webchat– CIS is asking for numbers issued to an individual by the SSA.

In addition, the CIS addressed concerns that people would have gaps in documenting their period of continuous residence:

New – Q3. To prove my continuous residence in the United States since June 15, 2007, must I provide evidence documenting my presence for every day, or every month, of that period?
A3. To meet the continuous residence guideline, you must submit documentation that shows you have been living in the United States from June 15, 2007 up until the time of your request.  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.  Gaps in the documentation as to certain periods may raise doubts as to your continued residence if, for example, the gaps are lengthy or the record otherwise indicates that you may have been outside the United States for a period of time that was not brief, casual or innocent.  If  gaps in your documentation raise questions , USCIS may issue a request for evidence to allow you to submit additional documentation that supports your claimed continuous residence. 

Affidavits may be submitted to explain a gap in the documentation demonstrating that you meet the five year continuous residence requirement.  If you submit affidavits related to the continuous residence requirement, you must submit two or more affidavits, sworn to or affirmed by people other than yourself, who have direct personal knowledge of the events and circumstances during the period as to which there is a gap in the documentation.  Affidavits may only be used to explain gaps in your continuous residence; they cannot be used as evidence that you meet the entire five year continuous residence requirement.

Once again, we advise that applicants do the best they can in obtaining documentation for as much time as possible, but to also recall that CIS will take a totality approach and intends to apply this in a reasonable manner.

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