DACA & Deferred Action

Deferred Action in a Nut Shell

Deferred Action

 

Deferred Action Is A Form Of Prosecutorial Discretion Not To Prosecute Or Deport A Foreign National (FN) For A Specific Period Due To The Presence Of Sympathetic Factors. Individuals Granted Deferred Action Can Request Temporary Work Authorization (EAD). Work Authorization Times Vary But Can Generally Be Renewed With The Deferred Action Status Is Extended. Deferred Action Has Existed For Decades Since President Eisenhower And Recently Expanded By President Obama.

 

A. DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

In June 2012, The Obama Administration Announced By Executive Order And Then Implemented The Deferred Action For Childhood Arrivals (DACA) Program Similar To The Dream Act To Undocumented Individuals Who Meet The Following Requirements:

 

Under Age 31, As Of June 15, 2012
Came To US Before 16th Birthday
Continuously Resided In US Since June 15, 2007
Physically Present In US On June 15, 2012
Unlawfully Present, As Of June 15, 2012
Currently In School, Graduated, GED Or Veteran
Age 15 To Be Able To Apply
No Significant Criminal History

 

DACA DREAMers Who Apply And Are Granted DACA Status Can Obtain 2 A Year Employment Authorization Document (EAD) Renewable For An Indefinite Period.

 

B. DACA RENEWALS

DACA Recipients Are Encouraged To Apply To Renew Between 4 And 5 Months Prior To Their Expiration Of Their EAD. If They Apply To Early Their Application Will Be Rejected, If They Apply Too Late They Risk Losing Work Permission, Being Deported And Acquiring Unlawful Presence.
DACA Is Not A Pathway To Residency Or Citizenship By Itself, But For Many It Can Sometimes Help Simplify The Process Of Obtaining Legal Permanent Residency Without Having To Seek A Waiver Or Fix Papers Outside The County At A Consulate. For Instance, DACA Recipients Can Request To Travel Outside The U.S. With A Government Grant Of Advanced Parole. This Can Allow Some To Travel Outside The U.S. Without Triggering Bars Of Inadmissibility And Then Re-Entered With Parole. According To Law, An Admission (Inspected Entry), Including Parole, Opens Up Permanent Residency For Many Who Have U.S. Citizen Spouses, Children Or Parents Who Can Petition Them.

 

C. DEFERRED ACTION FOR PARENTS OF AMERICANS (DAPA) & EXTENDED DACA (DACA+) [NOT YET IMPLEMENTED]

On November 20, 2015, The Obama Administration Extended DEFERRED Action By Expanding DACA To An Estimated 300,000 Additional Individuals By Removing The Under Age 31 On June 15, 2012 Requirement And Changing The Continual Residence Requirement From June 15, 2007 To The January 1, 2010. President Obama Also Announced He Would Expand Deferred Action To Parents Of U.S. Citizen And LPR Children (DAPA) With An Estimated Reach Of 4 To 5 Million Immigrant Parents. The DAPA Program Could Open The Door For Certain Immigrant Parents Who Entered Without Inspection The Opportunity To Request Advanced Parole, Then Leave The Country With Permission, Reenter With Parole So That They Can Finally Be Able To Get Their Green Cards Through Their U.S. Citizen Children Who Are Over The Age Of 21 Years.

 

UNFORTUNATELY, THESE PROGRAMS HAVE YET TO BE IMPLEMENTED AND THE U.S. SUPREME COURT IN JUNE 2016 FAILED TO MAKE A DECISION ON THIS ISSUE, AND PRESIDENT DONALD TRUMP REMOVED ANY HOPE FOR THIS PROGRAM. ONCE/IF IT WERE IMPLEMENTED, DAPA PARENTS WOULD HAVE HAD TO MEET THE FOLLOWING REQUIREMENTS:

1. Be The Parent Of A U.S. Citizen Or Lawful Permanent Resident (As Of 11/20/14).

2. Have Continuously Lived In The U.S. Since January 1, 2010.

3. Have Been Present In The U.S. On November 20, 2014 And Not In Lawful Status That Day

4. Have Not Been Convicted Of Certain Criminal Offenses

5. Perhaps Prove That They Are Currently Paying Taxes

 

DACA RECENDED

 

SEPTEMBER 5, 2017,

ATTORNEY GENERAL JEFF SESSIONS ANNOUNCED THE END TO THE DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) PROGRAM TO TAKE FULL EFFECT ON MARCH 5, 2018. THESE ARE A FEW IMPORTANT DATES AND THINGS TO KNOW WITH THESE IMPORTANT CHANGES:

NO NEW INITIAL DACA APPLICATION WILL BE ACCEPTED AFTER SEPTEMBER 5, 2017;

CURRENT 2-YEAR WORK PERMISSIONS UNDER DACA, AND ANY PENDING RENEWAL AND INITIAL DACA REQUESTS WILL BE ALLOWED TO REMAIN. WORK PERMISSION WILL BE VALID UNTIL THEIR EXPIRATION DATE;

USCIS Will Accept DACA Renewal Application Only Until October 5, 2017 For Only Those DACA Recipients Whose Work Permission Are Set To Expire Before March 5, 2018; And
FOR DACA RECIPIENTS WHO HAVE PENDING APPLICATIONS FOR ADVANCE PAROLE TRAVEL PERMISSION THOSE APPLICATIONS WILL BE TERMINATED AND IT APPEARS THE GOVERNMENT WILL BE RETURNING THE GOVERNMENT FEES.

WHAT WILL HAPPEN AFTER DACA DREAMERS WHEN THEIR STATUS EXPIRES?

THE TRUMP ADMINISTRATION HAS STATED THAT CONGRESS IS IN THE BEST POSITION TO DECIDE PROPER LEGISLATION FOR DREAMERS GIVING THEM A 6-YEAR WINDOW TO ENACT MORE PERMANENT LEGISLATION. LET'S PRAY THAT CONGRESS WILL FINALLY CREATE LEGISLATION FOR DREAMERS TO OBTAIN A GREEN CARD AND A PATHWAY TO CITIZENSHIP. WE SHOULD ALSO ENCOURAGE ALL U.S. CITIZEN FAMILY AND FRIENDS TO CONTACT THEIR LOCAL CONGRESSIONAL REPRESENTATIVE AND ASK THEM TO PASS LEGISLATION NOW.

 

THE TRUMP ADMINISTRATION HAS ALSO STATED THAT IT WILL NOT CONSIDER DREAMERS TO BE PRIORITIES FOR REMOVAL ONCE THE DACA STATUS EXPIRED. IT IS STILL TOO EARLY TO KNOW EXACTLY WHAT WILL HAPPEN. IN THE MEAN TIME IT IS IMPORTANT TO SPEAK WITH AN EXPERIENCED IMMIGRATION ATTORNEY AS SOON AS POSSIBLE TO DETERMINE HOW THIS CHANGE TO DACA COULD AFFECT YOUR OWN UNIQUE SITUATION AND TO EXPLORE ALTERNATIVE OPTIONS.

D. TEMPORARY PROTECTIVE STATUS (TPS)

INFORMATION COMING SOON

 

 

WORKING HOURS

MONDAY - 09:00AM 06:00PM
TUESDAY - 09:00AM 06:00PM
WEDNESDAY - 09:00AM 06:00PM
THURSDAY - 09:00AM 06:00PM
FRIDAY - 09:00AM 06:00PM
SATURDAY - BY APPOINTMENT
SUNDAY - CLOSED

 

NOTICE: THIS WEB SITE IS ATTORNEY ADVERTISING AND PROVIDED FOR INFORMATIONAL PURPOSES. IT DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP, WHICH IS ONLY FORMED WHEN YOU HAVE A SIGNED ENGAGEMENT AGREEMENT

 

 

 

 

RAWLINS LAW FIRM, P.C.

 

 

 

144 SOUTH MESA DR., SUITE E - OLD WEST PLAZA
MESA, AZ 85210
PRAWLINS@RAWLINSLEGAL.COM

 

 

HOME / OUR FIRM / CONSULTAS MOVILES  / SERVICESTESTIMONIALS / GALLERY