What kind of evidence will USCIS accept?
There are different kinds of evidence you can submit to qualify for DACA benefits. Each piece of evidence must be analyzed to make sure that it is (a) useful (b) tends to prove one or more of the requirements and (c) is credible.
What documentation may be sufficient to demonstrate that I came to the United States before the age of 16 or lived here for the last 5 years? Examples include financial records, medical records, school records, employment records, and military records.
What documentation may be sufficient to demonstrate the educational requirements? Examples include: diplomas, GED certificates, report cards, and school transcripts.
What about affidavits as proof? Right now, USCIS is taking a tough line on affidavits. USCIS indicates that affidavits generally will not be sufficient on their own to demonstrate that you meet the guidelines for USCIS to consider you for deferred action for childhood arrivals. However, affidavits may be used to support meeting the following guidelines in combination with documents when there is:
- A gap in the documentation demonstrating that you meet the five year continuous residence requirement; and
- A shortcoming in documentation with respect to the brief, casual and innocent departures during the five years of required continuous presence.
If you submit affidavits related to the above criteria, 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.
USCIS will not accept affidavits as proof of satisfying the following guidelines:
- You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development certificate, or are an honorably discharged veteran from the Coast Guard or Armed Forces of the United States;
- You were physically present in the United States on June 15, 2012;
- You came to the United States before reaching your 16th birthday;
- You were under the age of 31 on June 15, 2012; and
- Your criminal history, if applicable.
Keep in mind that you may submit credible documentary evidence that you were present in the United States shortly before and shortly after June 15, 2012 which will prove, circumstantially, that you were in the United States on June 15, 2012.
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