DACA Fully Restored!
Gabriela Ungo • December 7, 2020
DACA is restored to Obama Era terms
Last Friday, December 4, 2020, a New York Federal Court ordered the U.S. Citizenship and Immigration Service (USCIS) to fully restore DACA to the Obama era terms and accept first time DACA applications as of December 7, 2020 ordered the agency to grant Employment Authorization Documents and Advance Parole Documents valid for 2 years. The Court also ordered USCIS to extend the one-year grants of deferred action and employment authorization documents under DACA to two years.
The following are the most frequently asked questions with regards to initial DACA applicants:
What are the first-time DACA application requirements?
Eligible applicants may file a DACA application for the first time if you meet all these requirement:
- You are over 15 years of age at the time of application;
- You were under the age of 31 on June 15, 2012 (you were born on June 15, 1981 or after);
- You came to the United States before reaching the age of 16;
- You have been continuously present in the United States since June 15, 2007;
- You were physically present in the United States on June 12, 2012 (when DACA was announced);
- You had no lawful status on June 12, 2012;
- You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Does DACA confer legal status in the United States?
DACA does not solve unlawful presence. If a person has been present in the U.S. without legal immigration status, DACA does not erase that fact. For the period of time a person is enrolled in DACA he or she will be considered to be lawful presence, but other periods of unlawful presence will still be on the person’s record. DACA does not give legal immigration status, it is not an amnesty. DACA does not grant a person permanent residency (a “green card”) and nor does provide a pathway to apply for citizenship.
However, DACA is a temporary solution son millions on individuals since it gives eligible undocumented immigrants:
- Temporary deportation protection, and
- An employment authorization document that allows them to get a social security number.
Can I appeal a DACA denial?
DACA is a form of discretionary relief. This means that even if an individual meets the requirements, the immigration service can decide to deny the application and cannot be appealed. Applicants may re-submitted another application.
If I am granted DACA status before the age of 18, do I accrue unlawful presence?
If you were granted Deferred Action status before you reach the age of 18, you will not accrue unlawful presence. This is a very important factor and an advantage when the individual who has been in uninterrupted DACA status before reaching the age of 18 is eligible to apply for a green card (for example, when he or she marries a U.S. Citizen).
Can I apply for Advance Parole to travel outside the United States?
The Federal Court ordered USCIS to accept Advance Parole applications to DACA recipients again, making it possible for DACA recipients to travel outside the United States with a travel permit for humanitarian, educational, or employment reasons. At this time, the potential impact of the COVID-19 pandemic may limit the ability to travel internationally. Our law firm is not recommending travel outside the United States during the COVID-19 pandemic.
Are there any risks of applying to DACA?
yes, and it is important to consult with an immigration attorney regarding the person's eligibility for DACA. Applicants for DACA will be revealing and documenting to a government agency that they are not in the United States legally. The U.S. Government will have information about the applicant's domicile and work history. There are no protections to ensure that the
information you provide for your DACA application will not be used against you at a later date.
If you have questions about any of the above information, or you require immigration assistance, please to not hesitate to reach us through our contact form here
or via email at info@gcungo.com
Importance that all foreign nationals promptly file Form AR-11, Change of Address during Trump Administration 2.0
USCIS announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern on March 7 and run through noon Eastern on March 24, 2025.
A Priority Date is essentially your place in line for a Green Card.
The USCIS Final Fee Rule will be effective as of April 1, 2024. It includes an overall weighted average increase of 40% in application fees
USCIS will soon be announcing the opening of the fiscal year (FY) 2025 H-1B Lottery. arch 1, 2024 is expected to be the first day on which USCIS will accepts H1B registrations for the fiscal year 2025 that begins on October 1, 2024.
The U.S. Department of State (DOS) released guidance and FAQs on the pilot program to resume domestic visa renewals for qualified H-1B nonimmigrant visa applicants who meet certain requirements.
Effective February 26, 2024, premium processing fees will increase from $2,500 to $2,805; from $1,750 to $1,965; and from $1,500 to $1,685
On October 23, 2023, the U.S. Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM) to modernize and improve the H-1B visa program. DHS will accept public comments until December 22, 2023.
Limited to principal H-1B applicants, the stateside visa renewal pilot program is expected to kick off early 2024, and will be available to nationals of countries that are not subject to visa reciprocity fees, such as India.
USCIS to increase the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens