What you will learn in this episode:
- Recent DACA Updates
- The Supreme Court’s June 18th Decision on DACA
- DACA Renewals
- Advance Parole
NOTE: Recent DACA Updates
This podcast was recorded on June 20, 2020.
On June 18, 2020, the Supreme Court of the United States held 5-4 that the decision by the Department of Homeland Security to terminate DACA was reviewable in federal court and also “arbitrary and capricious” under the Administrative Procedure Act (APA).
On July 28, 2020, however, the Department of Homeland Security, in complete defiance of the Supreme Court’s decision, issued a memorandum that stated:
- All initial DACA applications would be rejected by the USCIS and the filing fees returned;
- DACA renewals would be accepted but DACA and the Employment Authorization would be issued for one (1) year and can be renewed annually; and
- Advance Parole based upon DACA would only be granted in exceptional circumstances.
Note that the information in this podcast references the June 18, 2020 Supreme Court decision. If you are needing help in determining your next steps for DACA, feel free to contact us.
The Supreme Court’s June 18th Decision on DACA
On June 18th, the Supreme Court decided that the way that the Trump administration ended the DACA program was not lawful, which reinstated the DACA program as if it was never ended. This means that on this date immigrants were allowed to apply for DACA applications on the USCIS website.
When President Obama signed DACA into law in 2012, 1.2 million people were eligible to apply for DACA, and we know only about 800,00 to 900,000 applied. This means there were 200,000 or 300,000 people living in the United States that were eligible, along with new applicants on June 18, 2020 that were not 15 during the initial passing of the law.
Dreamers can renew 120 days before your DACA expires. To get ready for your renewal, you can give us a call five or six months before your renewal date. Then, we can spend the extra time getting everything ready to go on the 120th day before it expires.
Advance Parole allows you to leave the country and come back in based on the fact that you want to visit family or for whatever humanitarian reasons. The June 18th decision from the Supreme Court also opened up the option for Advance Parole but in a subsequent memorandum in August, 2020, the administration stated that Advance Parole would be issued only in extraordinary humanitarian circumstances.
When you are going to leave the country and come back in, you want to put it in the hands of a good lawyer who will teach you and take you through all that’s going to happen so that you are free to come back and that you can apply for your green card here.
- You must be 15 years old or older. If you are under 15 AND in the process of deportation, you can file a DACA application with ICE.
- You have to be under 31 as of June 15, 2012.
- You had to have come to the United States before your 16th birthday.
- You have continuous residence in the United States since June 15, 2007
- You will be allowed a gap in residence if your departure from the US was brief, casual and innocent
- You need to be present in the United States at the time of the application and on June 15, 2012.
- If you had legal status in the US on June 15, 2012, such as a tourist visa, a student visa, a J VISA, etc., you cannot apply for DACA.
- You need to have a GED or high school diploma or be currently working on acquiring a GED or diploma.
- You do not qualify for DACA if you have a felony conviction.
- If you have three or more misdemeanors, you cannot apply for DACA.
- The three misdemeanor convictions need to be for three separate events. If you have three or more misdemeanors on one event, then this counts only as one conviction and you are eligible to apply.
- If you have a DUI or any other impaired driving conviction, you cannot apply for DACA
- You can be denied if you are convicted of a significant misdemeanor, such as domestic violence in the presence of a child.
- Juvenile incidents are not convictions, but may have to be disclosed depending on the state law where you reside.
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