DACA: Your Questions Answered

On Tuesday, September 5, 2017, the Trump Administration ended the Obama-era program known as “Deferred Action for Childhood Arrivals” or “DACA.” Many of our clients have been asking the following questions:

Q: If I have DACA, will I be able to keep working?

A: Yes. You will be eligible to continue working lawfully until the expiration of your work permit.

Q: If I have DACA, will ICE use the information on my applications to find me and deport me?

A: Probably not. The Department of Homeland Security has announced that information provided by DACA applicants will not be furnished to ICE for deportation purposes unless an individual is a criminal or security threat.

Q: If I have DACA and it expires on or before March 5, 2018, will I be able to renew it?

A: Yes. You must submit your application to renew your DACA before October 5, 2017.

Q: If I have DACA and it expires after March 5, 2018, will I be able to renew it?

A: No. If you submit a renewal application, it will be rejected.

Q: If I have a DACA application pending, may it still be approved?

 R: Applications that were submitted before September 5, 2017 will be adjudicated.

 Q: If I have DACA Advance Parole, may I still travel?

R: Yes. However, it is advisable to consult with your attorney regarding your planned travel before departing the USA.

Q: I have an application for DACA Advance Parole pending with USCIS. What is going to happen?

A: USCIS has announced that pending applications for DACA Advance Parole will be returned along with the filing fees to the applicants.

We at WGV will continue to fight for our many beloved immigrant youth – those who benefitted from DACA and those who did not – as well as for our many undocumented family and friends.

If you need assistance renewing DACA, please contact us immediately at (512) 633 – 1785.

Expanded DACA Begins February 18th

U.S. Citizenship and Immigration Services has announced that on February 18, 2015, eligible persons may begin submitting applications for the expanded version of DACA (Deferred Action for Childhood Arrivals) announced by President Obama on November 20, 2014. The new program is frequently referred to as “expanded DACA.” At Walker Gates Vela, we refer to it affectionately as “DACA 2.0.”

DACA 2.0 Changes Some of the Original Eligibility Requirements

 In order to be eligible for “DACA 2.0,” an applicant need not show that he or she is under any particular age. Even elderly persons can apply, so long as he or she entered and began residing in the USA prior to the age of 16 years. In addition, the date of initial entry was advanced from June 15, 2007 to January 1, 2010, thereby expanding eligibility to individuals who arrived more recently.

Other than those changes, the guidance published by U.S. CIS indicates that the applicant must “meet all other DACA guidelines.” Presumably, then, applicants for DACA 2.0 must continue to demonstrate that they were physically present in the United States and without lawful immigration status on June 15, 2012, as well as on the date of submitting the application. Applicants for DACA 2.0 will be required to demonstrate that departures outside the United States after January 1, 2010 were “brief, casual, and innocent,” or in other words, were not related to a deportation, were not made for any illegal purpose, and were not prolonged beyond what U.S. CIS considers to be a reasonable period. Finally, DACA applicants must still have no disqualifying criminal convictions (e.g. any felony, three or more misdemeanors, or any significant misdemeanor), and must demonstrate the requisite educational requirements.

To qualify for DACA on or after February 18, 2015, an applicant will be required to show that he or she:

1. Entered the United States prior to his or her 16th birthday;

2. Has continuously resided in the United States since on or before January 1, 2010;

3. Were physically present in the United States on June 15, 2012 and at the time of submitting the application;

4. Had no lawful immigration status on June 15, 2012;

5. Are currently in school, have received a diploma or GED from an accredited educational institution, or are a veteran of the U.S. Armed Forces or Coast Guard; and

6. Has not been convicted of a felony, a significant misdemeanor, or any three misdemeanors, and do not otherwise pose a risk to national security or public safety.

For more information about Deferred Action for Childhood Arrivals and other benefits available to immigrant youth, visit our website or call us to make an appointment today.