Essex County DACA/DAPA Attorney

Immigration laws in the United States can be confusing, especially with all of the changes that have been made in recent years. One program, in particular, has been the source of many modifications since 2017. DACA (Deferred Action for Childhood Arrivals) is still available for current recipients and remains in effect under ongoing litigation, but this may change in the future. With so much uncertainty about this program, it is important to speak to an experienced immigration attorney about your options. Whether you are a DACA recipient or hoped to benefit from DAPA protection, it is important to discuss your situation with an attorney. For quality legal representation from an experienced immigration attorney, contact the Law Offices of Christopher T. Howell, Esq. today.

What happened to DACA?

On September 5, 2017, President Trump terminated the Deferred Action for Childhood Arrivals program, impacting hundreds of thousands of people. Ultimately, federal courts issued a preliminary injunction to assist those who were previously granted deferred action. Court orders that were issued on January 9, 2018, and February 13, 2018, ruled that anyone who was previously protected under DACA may renew his or her status. With that said, however, USCIS now accepts but does not currently approve new (initial) DACA requests due to ongoing court restrictions.

Renewing DACA

While there is still no permanent solution to DACA’s future, it is important to take action while you still can. If you have previously been granted deferred action under DACA and would like to request that your status is renewed, be sure to file forms I-821D, I-765, the I-765 Worksheet, and include the appropriate fees. This can be done at a designated USCIS filing. Unfortunately, although you may submit an initial DACA request if you never had DACA, USCIS cannot adjudicate or approve initial requests at this time. Additionally, USCIS now accepts and adjudicates advance parole applications for current DACA recipients when they meet the eligibility criteria, which differs from prior years.

It is critical to be aware that the renewal timeline no longer depends on a specific September 5, 2016 cutoff. Instead, USCIS generally treats your filing as a renewal if you submit it within one year of your DACA expiration. Any individuals whose deferred action expired more than one year ago will still be permitted to file but will be treated as initial requestors, and initial requests are not currently being approved under existing court orders.

Additional DACA Information

Individuals who have been approved for deferred action are often also approved for a work permit. If your DACA and your work permit both expired after September 5, 2016, or at any later time, you are eligible to apply for a two-year renewal as long as you otherwise meet the renewal requirements. If your DACA expires after March 5, 2018, your protection and your work authorization will expire on the date stated on your approval notice as is always the case for DACA recipients, regardless of the year.

It is important to be aware that even if you have been approved for deferred action and a work permit, the government has the authority to terminate both of these at any time if it has reason to believe that you are no longer eligible. Typically, DACA terminations occur because the individual in question was convicted of a felony or a significant misdemeanor. A significant misdemeanor includes certain listed offenses such as domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, or driving under the influence, regardless of the sentence; it also includes any other misdemeanor for which the individual was sentenced to more than 90 days in custody (not counting suspended time).

What about DAPA?

DAPA is no longer. While DACA is protected, for now, DAPA is not, and it does not bode well for undocumented immigrant parents. If you are the parent of an American citizen or permanent resident and either had DAPA protection or hoped to benefit from that program, it is important to consult with an immigration attorney to discuss your options.

Contact a DACA & DAPA Attorney Today

If you are concerned about your DACA status, it is important to consult with an experienced immigration attorney who can assess all possible options on your behalf. You may be eligible to remain in the United States based on other factors. Our firm is committed to guiding you through each step of this confusing time. We will remain informed about any additional changes to DACA and all other immigration laws in the future. Contact the Law Offices of Christopher T. Howell, Esq. today to discuss your case.