Next Steps after Receiving your Work Authorization Card with DACA

Next Steps after Receiving your Work Authorization Card with DACA Congratulations on your new DACA! We know that this is an exciting time and that tra...
Author: Allan Long
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Next Steps after Receiving your Work Authorization Card with DACA Congratulations on your new DACA! We know that this is an exciting time and that transitioning to a new way of life can come with a lot of nervousness and a lot of questions. We want you to be able to make the most of your journey after DACA. Every new step of a journey can bring great joy and will be easier to navigate with support –that’s why we’re here. With or without DACA, you are not alone, and we hope that the following guide can give you some relief in understanding many of the special opportunities ahead for you. Important: While this guide offers some information on next steps and opportunities based on the experiences of many other youth in your shoes, the Mexican Initiative on Deferred Action is not a law firm and none of the contents of this guide should be misinterpreted as legal advice. We encourage you to ask a qualified immigration legal counsel if you want more information or clarification on any of steps that follow. Even More Important: Any transition takes time. Rushing through can lead to unnecessary mistakes. Know that you do not have to do all of the things in this guide overnight, or even in one month. Above all, getting DACA should NOT be making your life harder, so be kind to yourself, ask for help when you need it. So many of us want to do anything we can to help you succeed, one step at a time.

Step 1: Apply for a Social Security Number http://www.socialsecurity.gov/pubs/deferred_action.pdf 1: What you need: 1. Your physical Employment Authorization Card (EAD); and 2. Original or certified copy of foreign birth certificate or foreign passport. 2: Complete the Application for a Social Security Card (Form SS-5) located here: http://www.socialsecurity.gov/online/ss-5.pdf This form is also available at the Social Security Office but it is best if you arrive with the form already filled out. 3: Find and visit your local Social Security Office: www.socialsecurity.gov/locator 4: Take the completed SS-5 form along with all the required materials to your local Social Security Office. The clerk will verify your age and identity using the above documents and take the completed SS-5 form. Be sure to keep a copy of the completed SS-5 form for your records. 5: You will receive your Social Security Card in the mail within 2 to 4 weeks.

Step 2: Do you still have and old individual tax identification number (ITIN)? ***If you do not, continue to Step 3*** If you do, follow these instructions: Disclaimer: your credit history is linked to any money you ever borrowed and paid back and any bills you paid on time or did not pay on time. For undocumented folks that have gotten hospitalized before while being restricted access to health insurance, the accumulated debt of the past can be severely damaging to your credit history. If you have accumulated debt from the past or concerns about your credit history, consult with a tax specialist about your options. A: You need to transfer your ITIN credit history to your new SSN; and B: You need to contact the IRS to rescind your old ITIN. An individual cannot keep both a ITIN and Social Security number at the same time. 2A: HOW TO TRANSFER YOUR CREDIT HISTORY TO YOUR SSN Sources: For more information on DACA, please visit the USCIS’s website: http://www.lclaa.org/lclaa-blog/entry/post-daca www.uscis.gov/childhoodarrivals https://www.ilrc.org/sites/default/files/documents/advance_parole_guide.pdf

Your credit history is not automatically transferred from your ITIN to your SSN, instead, you have to contact all three credit bureaus and ask them to transfer your credit history. To do so, you have to physically mail all three bureaus: • A cover letter (as outlined below) • A photocopy of your social security card • A copy of your state identification card or driver’s license with your current address. • A utility bill with your name and current address Write and send three separate letters to the three different credit bureaus, including a copy of proof of identity attached to each letter. The three addresses for the bureaus are as follows: TransUnion P.O. Box 1000 Chester, PA 19022

Experian P.O. Box 2002 Allen, TX 75013

Equifax P.O. Box 740241 Atlanta, GA 30374

Be sure to keep copies of the letters for your records. You can use the following template for the letter: [DATE] [NAME] [ADDRESS] [PHONE NUMBER] [EMAIL] [CREDIT AGENCY] [ADDRESS] To whom it may concern, My name is [NAME] and I am writing to inform you of my newly assigned Social Security Number (SSN) which the Social Security Administration assigned to me on [DATE]. My existing credit history is under my Individual Tax Identification Number (ITIN) and I respectfully ask that my existing credit history be transferred to my new SSN and have all future credit reported under this number. I have enclosed: (1) A copy of my ITIN; (2) A copy of my Social Security Card; and (3) A utility bill with my name and current address; or (4) A copy of my state identification card or driver’s license with my current address. Other Names Used: [YOUR NAME(S)] Date of Birth: [DOB] ITIN: [ITIN #] New SSN: [SS #] Current Address: [ADDRESS] Previous Address: [List your previous address if you have lived at your address for less than two years]. Thank you. [SIGNATURE] [PRINTED NAME] You should receive confirmation from all three credit bureaus regarding your request within two to four weeks.

Sources: For more information on DACA, please visit the USCIS’s website: http://www.lclaa.org/lclaa-blog/entry/post-daca www.uscis.gov/childhoodarrivals https://www.ilrc.org/sites/default/files/documents/advance_parole_guide.pdf

A month after you send your letters you should obtain a credit report from all three bureaus at www.annualcreditreport.com, to confirm that your information was updated. You can obtain a free credit report from all three credit agencies once each year. If there are any issues, contact the credit bureau directly with questions. Equifax: (800) 685-1111 Experian: (888) 397-3742 TransUnion: (800) 916-8800 Some credit bureaus may send follow-up letters if they cannot identify you or your credit history. Please follow the instructions on these letters and resend with any additional required documentation. 2B: HOW TO CONTACT THE IRS TO RESCIND YOUR ITIN AND UPDATE YOUR TAX RECORDS Individuals cannot have both an ITIN and SSN at the same time, so you must contact the IRS and ask it to rescind your existing ITIN. Send a letter to the IRS’s ITIN operation with a request to rescind your ITIN number. Be sure to include copies of your ITIN and SSN. The address for the IRS’s ITIN Operation is: Internal Revenue Service ITIN Operation P.O. Box 149342 Austin, TX 78714-9342 You can use the following template: [DATE] [NAME] [ADDRESS] [PHONE NUMBER] [EMAIL] Internal Revenue Service ITIN Operation P.O. Box 149342 Austin, TX 78714-9342 To whom it may concern, I am writing to request that my Individual Tax Identification Number (ITIN) be rescinded and that all tax records be associated with my newly assigned Social Security Number (SSN). My information is as follows: All Current and Former Names Used: [YOUR NAME(S)] Date of Birth: [DOB] ITIN: [ITIN #] New SSN: [SS #] I have enclosed photocopies of my SSN and my ITIN. Thank you. [SIGNATURE] [PRINTED NAME]

Step 3: Apply for a driver’s license or a state ID card Though we understand that receiving an Employment Authorization Card can be exciting as your first U.S.-issued identification, this card is extremely valuable (expensive and difficult to replace), so you should not be carrying it with you in your purse or wallet all the time. Instead, you need to go to your nearest Division of Motor Vehicles (DMV) to obtain a state identification that will become your new primary form of ID for all general transactions with public institutions. For New York residents, you can find your local DMV office and its application process here: https://dmv.ny.gov/ ***MIDA encourages ALL New York City Residents to apply for IDNYC: http://www1.nyc.gov/site/idnyc/card/how-to-apply.page

Sources: For more information on DACA, please visit the USCIS’s website: http://www.lclaa.org/lclaa-blog/entry/post-daca www.uscis.gov/childhoodarrivals https://www.ilrc.org/sites/default/files/documents/advance_parole_guide.pdf

Step 4: Do I need to register for Selective Service? It depends. If you are a male between the ages of 18 and 26, federal law requires that you register for the draft. To register, go to www.sss.gov and click “register online.” Make sure you use your new SSN to register and save your proof of registration. You will need this proof for future federal legal matters. If you are not a male between the ages of 18 and 26, you do not have to register. Undocumented immigrant males between the ages of 18 and 26 who do not have DACA also are required to register for the draft.

Step 5: Update your bank information or open a bank account

Contact any banks or financial institutions that you have accounts with and ask them to • replace the ITIN on your account with your new SSN; • update your identification on file with the bank for your state issued license or ID. Usually, you can walk-in to a local branch with your account information, identification, and physical Social Security card and ask to speak to a banker who will update your information. If you have never had a bank account before, you can open a bank account using your new forms of identification. Get advice from family and friends about banking institutions that they trust and recommend. CREDIT or Borrowing Money for Purchases/Payments In various scenarios, your social security number becomes automatically linked to financial records reflecting that you pay off your debts responsibly and on time. The longer you have a SSN, the more this number will be used by institutions to determine how much they are willing to “trust your credit”, meaning that they will trust you will a) pay your bills on time or b) pay back borrowed money on time. A)

B)

Credit as a Means of Financing: There will be certain times that an institution will tell you that you can pay for something in installments over a certain period of time. Having a SSN with DACA might help you if you need this type of financing at a hospital, at a furniture store, at an electronics store… etc. If you pay off these debts responsibly and on time, institutions will have greater trust for you when you make other purchases in the future. Credit as a Loan***: Credit most commonly means that an institution is officially letting you borrow money up front so that you can pay them back (with interest) later. The simplest forms of these lines of credit are credit cards. Your credit limit is the amount that a bank is letting you borrow each month for purchases, and you are expected to pay ALL of this money back, responsibly and on time. Your new SSN with DACA will make you eligible to begin accessing and improving your credit. Usually, you will start off with a “Secured Credit Card” that requires a certain payment up front that backs a small line of credit matching that amount. It is the way that many banks begin to assess whether they can trust you borrowing money and paying it back each month. In most cases, financial institutions will require you to successfully maintain good credit paying off monthly credit card bills for several months or more than a year before they are willing to offer you a larger line of credit for bigger purchases like a car or a home. Keep in mind that interest rates on credit cards can vary and accumulating debt can be extremely harmful. Consult with family and friends about how and where to get your first credit card if you have never had one and always compare interest rates and annual fees for different cards so that you know you are getting the best possible deal. ***DISCLAIMER: Because credit is an agreement with a bank to borrow money, most banks will only let you borrow money for the amount of time that they know for sure that they will face minimal barriers in their legal partnership with you. This means that the majority of institutions may give you a hard time about applying for any line of credit beyond the expiration date of your DACA. Many institutions may even give you a hard time altogether because your DACA is temporary and anything that is “temporary” (even though you can apply for renewal) makes them extremely nervous. Keep in mind, this DOES NOT mean that you will always get rejected for a loan (for a car, house, school… etc.) but it does (unfortunately) mean that they might require you to have a co-signer sharing the responsibility of that loan with you and they may often require that co-signer to have some form of permanent legal status.***

Sources: For more information on DACA, please visit the USCIS’s website: http://www.lclaa.org/lclaa-blog/entry/post-daca www.uscis.gov/childhoodarrivals https://www.ilrc.org/sites/default/files/documents/advance_parole_guide.pdf

Step 6: Transitioning to Lawful Employment In the grand majority of scenarios***, it is in your best interest to transition to lawful employment once you have your Employment Authorization Card. WHY? • •

Individuals that are lawfully employed have more labor protections in this country, including laws governing wages or pay scales, hours, benefits, etc. When you are lawfully employed, the taxes that your employer deducts from your paychecks are linked to your responsible IRS record and these deductions can happen automatically if you haven’t been receiving income deductions previously. This helps you to avoid owing the IRS money when you file your taxes at the beginning of each year.

HOW? •

Tell your employer you have a new Employment Authorization Card (work permit) and SSN that you would like to submit to update your employment records. While your employer will need to see the original documents and take photocopies, always make sure that your employer never keeps your original copies of these documents. ***CAUTION: If you have been using a false name or false SSN with this employer previously, you have to be careful. If you have a good relationship with your employer and they are someone you trust, they are likely to update your records without giving you trouble. However, keep in mind that employers can become punitive if they are angry in finding out that you have misled them by using a false name or SSN in the past. Don’t assume that your employer always knew that you were undocumented if you don’t know this for sure. If you are scared or nervous, contact an immigrant support agency near you to help you in this scenario.*** • Generally, you want these records updated so that your employer can automatically deduct your income taxes. • Once your employer updates your records with your work permit and SSN, remember to request your W-2’s in January of each New Year so that you can file your federal income taxes with the IRS. By law, your employer is required to mail you your W-2’s in January of each year. You have a right to request a copy of this document from them if you don’t receive it in the mail. • Find out if your new employment status in your company entitles you to changes in your employment. For example, o Your pay should be consistent with the company’s legal pay scale for your position and how long you have been working with the company; o You may be entitled to increases in wages consistent with the company’s policies. Usually there are (small) natural annual increases to adjust to economic inflation; o Your wages should be consistent and at or above the federal minimum wage, unless you work in agriculture or service occupations that have a federal exemption from federal minimum wage law; o You may be entitled to a minimum number of sick days or other benefits; o If you are a full-time employee, you may be entitled to health care benefits • Remember to file your federal IRS income taxes every year before the April deadline! Also, make sure to check whether you are required to also file state income taxes in the state that you live.

Step 6: Educational Benefits

Without the fear of deportation for two years and a U.S.-issued ID and SSN, it will be much easier for you to enroll in educational institutions and continue an academic or technical career. Ideally, you should consider advancing your education by any of the following ways that may be useful for your development: • Literacy courses • English courses • GED or High School Equivalency Education • College • Employment and other Technical Skills Certifications • Graduate School SCHOLARSHIPS Getting DACA does not guarantee that you will automatically get more money for school. However, having U.S. issued ID will help you apply for more private scholarships. Many private scholarships do not require U.S. citizenship and many scholarships might ask for a SSN but citizenship is not a requirement. Applying for these scholarships won’t be as much of a problem anymore!

Sources: For more information on DACA, please visit the USCIS’s website: http://www.lclaa.org/lclaa-blog/entry/post-daca www.uscis.gov/childhoodarrivals https://www.ilrc.org/sites/default/files/documents/advance_parole_guide.pdf

What is the difference between public and private scholarships? “Public” Scholarships are funded by your local, state, or federal government. Nearly all government funded scholarships, grants, and financial aid are NOT available to individuals with DACA. These laws vary per state. This means you need to look for “private” scholarships that are NOT funded by the government. In-State Tuition Twenty states, including New York, offer in-state tuition to undocumented students, usually regardless of whether you, as a student, have DACA or not! These states require that you have graduated from a high school inside of their state to be eligible and you will need to provide proof with your high school transcript. Institutional DACA Champions Many universities and scholarship funds are beginning to create scholarships specifically for DACA students! You can search for these scholarships (like TheDream.US) online or ask a friendly faculty member or staff of a college/university that you can trust about special programs and scholarships that the school might have for their DACA students. Many DACA students get free tuition to their university by networking within their campus community to find these windows of opportunity, but you won’t find them if you don’t reach out for help and ask.

Step 7: Travel inside the United States by Land and Sea One of the greatest fears of being undocumented, is the fear of going around the country you are living in freely and openly without the risk of losing everything you love and have worked hard to build. DACA can take away a lot of this burden. Consider some of these opportunities: • It will be safer to travel by train across state lines • It will be safer to travel by coach bus across state lines • It will be safer to be a tourist in and around border cities, including but not limited to: • Detroit! • Vancouver, Washington, United States • Miami! • Niagara Falls, New York, United States • Buffalo! • If you plan to travel by sea, it is best that you have your valid work authorization card with you, though we do not recommend that you engage in activities where you can risk losing your card by carrying it on you (ex: do not carry your DACA on you when you go out on a jet ski). Sea travel can be tricky when you don’t know where a national territory ends and foreign country’s territory begins. You don’t want to cross international lines where border patrol can stop your boat and ask for your proof of legal status in the United States. Some cruise ships travel exclusively inside of the United States without making any stops in foreign territories. In general, you should get further legal advice if you plan to travel by sea as a precaution.

Step 8: Travel by Plane

Having lawful, government issued identification can make it safer for you to be in airports: A)

INSIDE THE U.S.: While many immigrants, including undocumented immigrants, travel inside the United States using a valid foreign passport (at their own risk) as their identification, it is easier and more reliable to travel using your new U.S.issued state identification card. You should use the state ID so that you do not carry your employment authorization card and run the risk of losing it. a. Refer to this Special Guide if you have questions about traveling to U.S. territories, such as: • Puerto Rico • Northern Mariana Islands • Guam • U.S. Virgin Islands English Guide: http://bit.ly/undocupr Guía en español: http://bit.ly/prsinpapeles

B)

INTERNATIONAL: What?! Yes. There is a (complicated) way that you can ask for permission to travel outside of the country. Please follow these instructions very carefully: ***NO, YOU CANNOT JUST BUY A FLIGHT AND GO. Exiting the country without going through the proper process can result in deportation or being banned from re-entering the United States.*** Who Can Apply? USCIS will only approve travel (“advance parole”) for these limited purposes:

Sources: For more information on DACA, please visit the USCIS’s website: http://www.lclaa.org/lclaa-blog/entry/post-daca www.uscis.gov/childhoodarrivals https://www.ilrc.org/sites/default/files/documents/advance_parole_guide.pdf

• • •

Humanitarian: i.e. travel to obtain medical treatment, attend funeral services for a family member, or visit a sick or elderly relative. Educational: i.e. semester abroad programs or academic research Employment: i.e. overseas assignments, interviews, conferences, training, or meetings for work.

Disadvantages of DACA • Travel for vacation will NOT be approved by DHS for DACA recipients. • Risky! Re-entry to the United States is NOT guaranteed. • Approved reasons for travel are limited • Time for travel is limited and you don’t have much control over what dates DHS will allow you to travel. • Costs $360 to apply

If you have received DACA and wish to travel for one of these purposes, contact an immigration lawyer for more advice! Steps to apply for Advance Parole: 1. Identify the reason for travel • Humanitarian reasons • Education • Employment 2. Complete USCIS Form I-131 “Application for Travel Document” • DACA recipients, select box 1.d. in Part 2 “Application Type” • Specify the intended dates of travel, and the reasons • Skip sections 5 and 6 on reentry permits and refugee travel documents 3. Gather any supporting evidence to prove the need for travel Example of evidence for Humanitarian Advance Parole: 1. Medical records of elderly or sick relative 2. Birth certificates or documents proving family relationship Example of evidence for Educational Advance Parole: 1. Acceptance to study abroad program 2. Documentation of planned research trip 3. Letter from professor or research advisor Example of evidence for Employment Advance Parole: 1. Letter from employer 2. Conference invitation 4.

Assemble your application packet: 1. Completed application form 2. A copy of your DACA approval notice 3. Your supporting evidence 4. Filing fee of $360

5.

Mail the Advance Parole application packet via U.S. Postal Service to: USCIS P.O. Box 5757 Chicago, IL 60680-5757 ***Don’t forget to keep a copy for yourself!***

For more information, see USCIS’ instructions at: http://www.uscis.gov/i-131

Sources: For more information on DACA, please visit the USCIS’s website: http://www.lclaa.org/lclaa-blog/entry/post-daca www.uscis.gov/childhoodarrivals https://www.ilrc.org/sites/default/files/documents/advance_parole_guide.pdf

Advance Parole Safety Tips: 1. Consult with an immigration attorney before leaving the country! 2. DO NOT miss the deadline for returning listed in your Advance Parole approval notice. 3. Leave extra time for your return to accommodate any unexpected travel delays. 4. Bring your Advance Parole approval notice and DACA approval notice with you. 5. Leave copies of your approval notices with a close relative or representative in the U.S. 6. Keep a list of emergency contacts with you. RETURNING TO THE UNITED STATES WITH ADVANCE PAROLE Repeat Warning: Re-entry to the United States with Advance Parole is NEVER Guaranteed. While many people travel with advance, success often depends on following the next steps carefully. Always consult with a lawyer first to assess your risks and to prepare before leaving the country. 1.

2. 3.

Prepare your re-entry documents. In order to be fully prepared for any questions you may receive from Customs and Border Patrol (CBP), we suggest that you carry with you the following original documents: § A passport from your country of origin that is valid for at least six months after the date of travel; § Advance parole document (your copy) § Evidence of reason for trip abroad; § Employment authorization card; § A copy of your DACA approval notice; § State I.D. or driver’s license; and § Your attorney’s business card with contact information. Make copies of the documents above, keep a set with you, and leave one with someone you trust in the United States in case you lose the originals. Prepare for re-entry questioning. You should be prepared to answer these questions and show documents that provide evidentiary support. A CBP officer will likely ask questions about your trip abroad and about your residence in the United States when you are re-entering the U.S., such as: § What was the reason for your trip abroad? § For how long were you gone? § What countries did you visit and where did you stay? § Where do you reside in the U.S.? § What do you do there?

MAKE SURE YOU GET PROOF OF RE-ENTRY USING ADVANCE PAROLE • If you are returning to the United States over a land border, be sure that an immigration officer at the port of entry inspects and stamps your passport. • This proof of re-entry is evidence that you complied with the terms of your Advance Parole and may also be useful to you in the future if you ever apply for permanent residency through a family member.

*Path to Citizenship* DISCLAIMER: There are very few options or opportunities for undocumented people to adjust their legal status to get on a path to citizenship. Current policy is extremely restrictive and only makes a small number of special exceptions. You will need to consult with a lawyer to determine if, by any chance, you might qualify for an existing exception to start on your own path to citizenship. If you crossed the border into the United States and have never been eligible for an adjustment of status for legalization or a sponsorship, Advance Parole might change your circumstances and open new opportunities for you to be newly eligible to pursue permanent immigration relief. You must meet with a lawyer to explore this option, especially if you are married to a United States citizen. THIS DOES NOT APPLY TO EVERY PERSON THAT HAS DACA. Please consult with a lawyer if you have more questions. Here is a useful resource with more information: “DACA, Advance Parole, and Family Petitions” By Lena Graber and Jose Magaña-Salgado Sources: For more information on DACA, please visit the USCIS’s website: http://www.lclaa.org/lclaa-blog/entry/post-daca www.uscis.gov/childhoodarrivals https://www.ilrc.org/sites/default/files/documents/advance_parole_guide.pdf

https://www.ilrc.org/sites/default/files/resources/prac_adv-daca_advance_parole_fam_pet-20160531.pdf

Sources: For more information on DACA, please visit the USCIS’s website: http://www.lclaa.org/lclaa-blog/entry/post-daca www.uscis.gov/childhoodarrivals https://www.ilrc.org/sites/default/files/documents/advance_parole_guide.pdf