Deferred Action for Childhood Arrivals: Where DACA Stands Today

The United States Congress enacted the Deferred Action for Childhood Arrivals in effort of decreasing the backlog of cases involving immigration across the American court systems. Under the DACA program, immigrants who entered the country unlawfully as a minor could be granted the opportunity to remain in the country under a periodical two-year basis. In the duration of this two-year period, the recipient will be granted a work permit and have the opportunity to remain in the country free from the threat of deportation.

Recent DACA Program Updates

Presently, the United States Citizenship and Immigration Services has stated that it will not be accepting applications for those who have never been granted deferred action under the program. However, due to recent court orders, the agency will now resume renewal requests of existing DACA recipients. Under the preliminary court injunctions, the DACA policy will remain in operation under the terms it held before the rescinding in 2017.

As of August this year (2019), the United States Citizenship and Immigration Services will return to the one-year filing timeframe for renewal requests of expired DACA petitions. This will bring all current practices into alignment with the agency’s late renewal policies that were in effect prior to 2017. Consequently, individuals who previously received DACA benefits where the benefits expired one year or led can now file for the renewal.

In the event that the applicant had previously received DACA benefits and the most recent period of benefits expired over a year ago, or the grant was previously dismissed, DACA cannot be requested as a renewal. Instead, the applicant can file a new request in accordance to forms I-821D and I-765 instructions.

Filing for a DACA Renewal

Individuals can request for a DACA renewal if they meet the initial 2012 guidelines. DACA renewal seekers will also need to meet the following:

Must not leave the United States on or After August 15, 2012, without first seeking advanced parole;

• Has resided in the country on a continuous basis since the time in which the most recent approved DACA request was submitted;
• Does not have a prior felony conviction, significant misdemeanor, and/or three (3) or more misdemeanors; and
• Does not otherwise pose a threat to the security of the country and/or the public’s safety.

As previously noted, petitioners can only seek a renewal of a Deferred Action for Childhood Arrivals if they previously held approved benefits and the benefits expired, or will otherwise expire, on or after September 5^th, 2016. If the renewal seeker had previously received DACA and the DACA expired before September 5^th, 2016, or the most recent grant was previously dismissed, he or she may not be able to request a renewal bit can instead submit a new initial request with evidence that he or she meets the initial guidelines.

Hire the Support of an Experienced DACA Immigration Attorney

The Deferred Action for Childhood Arrivals is a discretionary determination that works to defer the removal actions of a person as an act of prosecutorial discretion. Additionally, deferred action does not consider the legal status of a recipient and the benefits can be terminated at any given moment. In terms of cancellation, recipients may also not receive a Notice of Intent to Terminate, at the discretion of the Department of Homeland Security.

Although DACA benefits have been reinstated, the program’s future continues to remain undetermined. If you or someone you know was covered under DACA, it is recommended to seek the legal support of a well-versed immigration law attorney.

Attorney Oliver P. King understands the frustrations one may experience associated with the rapid changes in immigration law. There are many cities across the nation that have established sanctuary, which serve to protect undocumented people from removals, but in spite of this, many people continue to feel vulnerable. If the Deferred Action for Childhood Arrivals program applies to your situation, consider seeking the legal advice of an attorney you can trust. At the King Immigration Law Group, we can help you understand how the recent law changes will affect you.

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King Immigration Law Group