DACA Attorney in Bloomfield, NJ
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 a protected right now for those who were already granted deferred action, 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, the USCIS is no longer accepting new DACA requests.
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, if you have never been granted deferred action, you will not be able to request it at this point. Additionally, the USCIS is not accepting or approving any requests for advance parole if you are a DACA recipient.
It is critical to be aware that you may only file your DACA renewal request if your status expired on or after September 5, 2016. Any individuals whose deferred action expired before September 5, 2016, will not be permitted to request a DACA renewal. This is because all renewal requests must be submitted within a year of the expiration date of the deferred action.
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, you are eligible to apply for a two-year renewal. If your DACA expires after March 5, 2018, your protection and your work authorization will expire on the date stated on your approval notice. 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 means that you were sentenced to jail time for a minimum of 90 days.
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 attorney to discuss your options.
Contact an Immigration Attorney
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 law in the future. Contact the Law Offices of Christopher T. Howell, Esq. today to discuss your case.