By now you’ve probably heard the recent news regarding DACA. If not, President Trump has made negotiations that resulted in cancelling the DACA program that was started by former president Obama. With the pressure of several states threatening to challenge the legality of the DACA program in court, President Trump and the Department of Homeland Security rescinded the memorandum that created DACA. There is a six-month delay to allow Congress to try and convert the program into law but many stipulations have been put into place until the program is completely stopped. We hope Congress acts quickly to have law in place in the new year.
In addition to the information we shared on our radio shows on La Ley and La Invasora (feel free to watch those live videos on our Facebook page), here’s what you should know. Feel free contact us if you have further questions or if you would like to see if you qualify for other immigration benefits.
My DACA is about to expire. Can I still apply for renewal?
Yes, if you act fast. Applications that have already been submitted will be reviewed. Applications submitted by individuals whose DACA expires between September 5, 2017 and March 5, 2018 will also be reviewed. However, applications must be filed by October 5, 2017. Individuals whose DACA expires after March 5, 2018, cannot submit renewal but we are hopeful a new law will in place in early 2018 that will protect all those with DACA and eligible for DACA or DACA renewal.
I was recently approved for DACA or a DACA Renewal. Is there anything I should do?
Individuals who currently have DACA will continue to receive those benefits until their work permit expires, unless their status is revoked or terminated before then. We recommend these individuals avoid any activities that could put their status in jeopardy. Call our office for a list of things to avoid and see if there are other immigration benefits in which you may qualify.
I recently submitted an initial DACA application, will it be denied?
USCIS will continue to review initial applications that were submitted on or before September 5, 2017. If the application was not received by this date it will not be accepted. It is possible individuals may already qualify for other immigration benefits so schedule a free appointment to take our Immigration Benefits Questionnaire.
Will my information be shared with ICE since I applied for DACA?
No, House Democratic Leader Nancy Pelosi urged President Trump to “make clear that the six-month window ‘is not a period of roundup’ that would make people protected by the program ‘vulnerable.” Soon after President Trump Tweeted, “For all those (DACA) that are concerned about your status during the 6 month period, you have nothing to worry about – No action!” It has also been confirmed by the Department of Homeland Security that “information provided to USCIS in DACA requests will not be proactively provided to ICE and CBP for the purpose of immigration enforcement proceedings…”
Can I travel outside the U.S. with DACA?
DACA beneficiaries who travel outside the country are taking a big risk that they won’t be re-admitted. Future Advance Parole applications for DACA recipients will not be approved. Applications already submitted and pending will be closed and filing fees will be refunded. If you already received a valid advanced parole document, traveling with it is still risky because it does not guarantee re-admission into the United States.
Again, for more information visit our Facebook page for Live Radio Show videos with questions regarding DACA, chat with us online or call us. You can also schedule a free consultation at one of our offices in Durham, Greenville, Mount Olive or Raleigh!