Identification Number:
EM-13039 REV
Intended Audience:All RCs/ARCs/ADs/FOs/TSCs/PSCs/OCO/
OCO-CSTS/ODARHQ
Originating Office:ORDP OISP
Title:Claims Alien Eligibility and Evidence: Deferred Action for Child Arrivals (DACA) and I-94 Arrival Departure Record Automation -One-Time-Only Instructions
Type:EM - Emergency Messages
Program:Title VIII (SVB); Title XVI (SSI); Disability
Link To Reference:See References at the end of this EM.
 
NEW Retention Date: February 10, 2017

Retention Date: August 10, 2016
Retention Date: February 10, 2016
Retention Date: August 10, 2015

REVISION: We are reissuing a new version of EM-13039 because of the extension of the Deferred Action for Childhood Arrivals Program (DACA) announced by the President on November 20, 2014. We are updating section B to include the new requirements for DACA eligibility.

A. Purpose
    This Emergency Message is a two-part message. The first part covers Title II lawful presence eligibility and verification procedures for DACA-approved individuals. The second part covers changes to the I-94, arrival departure record due to automation.

    B. DACA Eligibility
      On November 20, 2014, the President announced the extension of the deferred action period and employment authorization to “three years” from two years if you meet the following requirements:

      You:


        · entered the United States before the age of 16;
        · have lived in the United States continuously since at least January 1, 2010, rather than the prior requirement of June 15, 2007;
        · are of any age (removes the requirement to have been born prior to June 15, 1981); and
        · meet all the other DACA guidelines.
        Individuals who meet these criteria may apply for consideration of deferred action for childhood arrivals (DACA) with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).

        If USCIS approves the DACA request and grants work authorization, they will issue the individual an Employment Authorization Document (EAD, I-766 Card) with a category designation of “C33”.

        For Title II eligibility purposes, we consider these individuals lawfully present in the U.S. A DACA approved individual is not a qualified alien for TXVI purposes.

        Use the Systematic Alien Verifications for Entitlements (SAVE) Program to verify lawful presence of a DACA-approved individual as follows: