Unsure what is involved with Deferred Action for Childhood Arrivals (DACA)?

Stress about your situation and need legal help?

Deferred Action for Childhood Arrivals, also known as DACA, was introduced in the form of an Executive Order announced on June 15, 2012. The Deferred Action for Childhood Arrivals (DACA) allowed certain people who met certain requirements to apply for deferred action, as well as temporary work authorization. On September 5, 2017, President Donald Trump ordered the Department of Homeland Security to start the phase out of Deferred Action for Childhood Arrivals (DACA). As a result, USCIS stopped accepting initialDeferred Action for Childhood Arrivals (DACA) requests as of September 5, 2017; however, USCIS will continue to adjudicate properly filed initial Deferred Action for Childhood Arrivals (DACA) requests that have been accepted by September 5, 2017. USCIS, unfortunately will reject all initial requests that were received after September 5, 2017. In addition, USCIS is only adjudicating Deferred Action for Childhood Arrivals (DACA) renewal requests that are received by the Service by October 5, 2017 from current beneficiaries whose benefits will expire between September 5, 2017 and March 5, 2018.

Deferred Action for Childhood Arrivals (DACA) benefits as well as valid work authorization will remain in effect for any and all Deferred Action for Childhood Arrivals (DACA) and temporary EAD recipients until their work authorizations expire or are terminated; this will allow recipients to utilize their EAD for the two-year period that is afforded to all recipients.

It is important to note the following details when deciding whether or not an applicant is still eligible to apply for Deferred Action for Childhood Arrivals (DACA), renew his or her Deferred Action for Childhood Arrivals (DACA), or move on because they no longer qualify:

  • If USCIS received a properly filed initial DACA request or renewal DACA request and associated application for an EAD on or before September 5, 2017, USCIS will continue to adjudicate these requests;
  • If DACA expires between September 5, 2017 and March 5, 2018, and an individual wishes to renew his or her DACA, USCIS must receive a properly filed renewal request on or before October 5, 2017;
  • If an individual did not request his or her initial DACA on or before September 5, 2017, the DACA process is no longer available to him or her;
  • If DACA expired on or before September 4, 2017, and an individual did not properly file his or her renewal request on or before September 5, 2017, the DACA process is no longer available to him or her; and,
  • If an individual has DACA and his or her still valid EAD (employment authorization document) is lost, stolen or destroyed, he or she may submit for I-765, Application for Employment Authorization, to request a replacement EAD.

There is hope among many of the DACA recipients that the coming weeks and coming months will bring new, positive reform but in the meantime, recipients can only utilize resources currently at their disposal.

Sethi Law Group has offices in the City of Orange and Norwalk, California. Call in for an appointment we will review your case and provide you with actions going forward.

 

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