Read the official USCIS notice.  According to USCIS:

“If you previously received DACA and your DACA expired on or after Sept. 5, 2016, you may still file your DACA request as a renewal request. Please list the date your prior DACA ended in the appropriate box on Part 1 of the Form I-821D.”

“If you previously received DACA and your DACA expired before Sept. 5, 2016, or your DACA was previously terminated at any time, you cannot request DACA as a renewal (because renewal requests typically must be submitted within one year of the expiration date of your last period of deferred action approved under DACA), but may nonetheless file a new initial DACA request in accordance with the Form I-821D and Form I-765 instructions.”

 

 

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A federal District Court judge in San Francisco ruled on January 9, 2018 that the Trump Administration’s efforts to terminate DACA were based on a “flawed legal premise” and halted the winding down of the program, casting further confusion on renewal eligibility for thousands of DACA recipients.  If you are a DACA recipient that possessed approved deferred action status on September 5, 2017 – the date of the Trump Administration’s announcement to terminate DACA – you MAY be eligible in the near future to apply for renewal, pending further rulings by higher courts.

WHAT IT MEANS: Practically speaking, DACA recipients CANNOT submit renewal applications until (if) USCIS implements the ruling, which appears unlikely to happen soon.  More likely, the Ninth Circuit Court  of Appeals will take up the appeal and USCIS will delay implementation of renewal applications until a Ninth Circuit ruling.  And any number of judicial or political decisions may be made in the meantime that render the District Court ruling irrelevant.

Stay tuned as Washington, DC finally grapples with the vexing issues of Dreamers and U.S. immigration.

 

 

 

 

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PRESIDENT-ELECT DONALD J. TRUMP

Posted November 11, 2016

Are you concerned about the election of Donald Trump?  Do you lack documents, or are you currently on a visa, maybe expired, hoping to apply for a green card or citizenship, and have concerns about what will happen under a Trump Administration?

Are you a DACA recipient afraid your legal status will disappear?

Will they REALLY build a WALL between the United Sates and Mexico?? 

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A Texas federal court has issued a preliminary injunction against President Obama’s executive orders regarding deferred action for undocumented immigrants.  The court’s action thus freezes implementation of the Deferred Action for Parents of U.S. Citizens and Permanent Residents (DAPA) and the expanded Deferred Action for Childhood Arrivals (DACA) programs.  The Department of Justice is seeking an emergency stay of the preliminary injunction pending appeal of the case to the Fifth Circuit Court of Appeals.  The stay is unlikely to succeed and therefore the case will likely be heard on appeal, which will take some time, perhaps months.

The original 2012 DACA program remains in effect.  If you are a first-time applicant for deferred action, or need to renew your DACA status and employment authorization for an additional two-year period, AND you meet the eligibility criteria (see USCIS guidelines), USCIS is accepting applications despite judicial review of the new programs.

If you believe you may qualify for either DAPA or the expanded DACA program, you should continue to gather documents which demonstrate the length of time you have lived in the United States, and documents that demonstrate your relationship to a qualifying U.S. citizen or permanent resident child (for DAPA applicants).  If the filing window opens, the window of opportunity may not be long to earn deferred action status in the United States.

Contact us today for assistance.

 

 

 

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