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.

 

 

 

Tagged with:
 

United States Citizenship and Immigration Services (USCIS) has posted information and general guidance online regarding the upcoming programs for expanded deferred action proposed by President Obama.  Read about the programs here.  Expanded rules for DACA (Deferred Action for Childhood Arrivals), including a three-year grant of deferred action and employment authorization and a U.S. arrival date advanced to Jan. 1, 2010, are set to begin on February 18.  DAPA (Deferred Action for Parents of U.S. Citizens and Permanent Residents) is slated to begin in May.  Contact us for today assistance and advice.

President Obama is set to announce major changes to the U.S. immigration system today, Thursday, Nov. 20, 2014, at 5pm PST.  The President is expected to significantly widen the pool of persons eligible for Deferred Action. Details about eligibility requirements and the process of applying for Deferred Action and a work permit under the new rules will be announced by USCIS and ICE soon after President Obama’s announcement.

It is important that you not be misled about eligibility and the application process by notarios or individuals not qualified to understand important legal requirements.  The best sources of information are always found at USCIS.gov and ICE.gov, the federal agencies responsible for administration and enforcement of U.S. immigration laws.  Become familiar with these websites, which offer information en Espanol for Spanish speakers.

Current information about Deferred Action for Childhood Arrivals (DACA) eligibility and the DACA application process can be found at http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca.

The application process for new Deferred Action rules will likely be similar to the current DACA application process.

Please contact us for further details after President Obama’s announcement.

 

The news out of Washington, DC is not good.  A combination of events, including an unexpected influx of Central American immigrant children at the Texas border, has caused House Republicans who hold the keys to immigration reform to step back and reassess the politics and sensibility of comprehensive immigration reform.  President Obama has promised to move forward with executive actions to re-prioritize deportation policy in lieu of reform legislation, but the reality is that the Department of Homeland Security will remain significantly constrained to alter existing mechanisms of illegal immigration and deportations beyond the muddled notions of prosecutorial discretion and deferred action already in place.

If you are the beneficiary of a grant of deferred action (DACA), you must prepare and file another deferred action application, including another application for employment authorization, before the expiration of your current two year period.  As always, the best resource for accurate and up-to-date information is the USCIS website.  See here for the latest official information about the DACA renewal process.

If you are in removal proceedings with few if any legal options for relief, and are (at the advice of your attorney or otherwise) utilizing delay tactics in the hope that you may yet become the beneficiary of reform legislation, you should understand that further delay may become untenable and is fraught with risk.  A responsible approach should incorporate practical strategies that rely in part on available waivers under existing law.  Filing a frivolous asylum or withholding of removal application should never be the answer, particularly now that it appears immigration reform legislation, if it ever arrives, may be more conservatively skewed.