The new Deferred Action for Childhood Arrivals (DACA) Program, which commences August 15, 2012, has already been referred to by several states, attorneys general as a golden opportunity for immigration fraud both by persons who claim to be “immigration consultants” and by applicants attempting to prove eligibility by fraudulent documentation.
Those who wish to apply for deferred action should be aware that the Department of Homeland Security will require more than colorable proof of eligibility. Evidence of the criteria to be met can include financial records, medical records, school records, employment records and military records. Affidavits will generally not be sufficient except to supplement the records referred to above, and will not be acceptable at all to prove physical presence in the US on June 15, 2012, to prove age on June 15, 2012 or to prove lack of criminal convictions. Some circumstantial evidence can also be used to meet the burden of proof.