A win for the Dreamers. DACA Applicants, ready, set, go!

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  1. DHS shall post a public notice, within 3 calendar days, that it is accepting first-time requests for consideration of deferred action under DACA, renewal requests, and advance parole requests.
  2. DHS must include in the notice a clear statement that deferred action and employment authorization documents (“EADs”) granted for only one year are extended to two years, in line with the pre-memorandum policy.

Who can apply for DACA?

Under the DACA program, which was opened favor undocumented immigrants who came to the country before they were 16, certain immigrants can apply for temporary protection if they:

  • came to the U.S. while under the age of 16;
  • have continuously resided in the U.S. from June 15, 2007 to the present;
  • entered the U.S. without inspection before June 15, 2012, or individuals whose lawful immigration status expired as of June 15, 2012;
  • were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;
  • are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces;
  • have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors and do not pose a threat to national security or public safety.

Can I apply for advance parole?

According to the recent decision that overturned the memorandum that intended to end the DACA program, the DHS must continue to receive and adjudicate advance parole petitions. However, there are additional considerations that result relevant. USCIS has an important number of petitions accumulated that have not been yet resolved, reviewed it adjudicated. This is situation has been aggravated by the fiscal deficit reported by the agency. Additionally, the US is still facing a COVID19 crisis and many petitions are being resolved considering the urgency of the applicant. Finally, it is important not to lose sight of the fact the travel bans issued by President Trump are still in place, and going overseas could be problematic for those with clear immigration status.

Will there be additional benefits for Dreamers?

It is still too early to know if the new administration will effectuate additional changes in favor of the dreamers. Even though newly elected President Joe Bidden has expressed on more than one occasion that he intends to put the U.S. back to its routes of welcoming immigrants, it is important not to lose sight of the fact that the president needs the support of Congress to make those changes.

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The Law Office of Giselle Ayala Mateus Can Help You!

When it comes to immigration laws and petition an applicant needs more than a person who knows how to complete forms. Immigration is about strategy and working with a legal professional can definitely make the difference. At the Law Office of Giselle Ayala Mateus, we are convinced that each immigrant deserves an opportunity. Call now for a free consultation, or schedule it yourself here.

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Giselle Ayala is an attorney focused on immigration, business, marketing, and artist’s transactions.

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