DACA Comes To An End

On September 5, 2017, Attorney General Jeff Sessions announced President Trump’s decision that the Deferred Action for Childhood Arrivals (DACA) executive action was withdrawn and cancelled.  Approximately 800,000 people have been granted DACA.

Here are answers to common questions related to the termination of DACA:

Q: I never applied but I came to the USA before I was 16 and I think I qualify. IS IT TOO LATE TO APPLY? 
A: YES it’s too late. If you never applied for DACA and do not have DACA or a DACA application pending you cannot apply. NO new applications will be accepted by USCIS.


Q: I filed to renew my DACA at the end of August 2017 but I don’t have a decision. Will it b cancelled?
A: NO. If you have a DACA application pending. If you have a DACA application that was received at USCIS on or before September 5, 2017, your application will continue to be processed.


Q: I have DACA and it expires in November 2017. Can I renew it and my work permit too?
A: YES. If you have DACA that expires on or Before March 5, 2018, you can apply for a 2-year renewal, but your application must be received on or before October 5, 2017.


Q: I have DACA that expires in August 2018. Can I extend it now?
A: NO. If you have DACA that expires after March 5, 2018 you are not eligible for an extension and your DACA, work authorization, and protection from deportation will expire on the date shown on your DACA approval notice and work permit.


Q: I have a valid advance parole but never got a chance to travel. Should I use it now? 
A: MAYBE. If You Have DACA and a Valid Advance Parole Travel Document you should not travel unless and until you weigh the risks. Even with a valid travel document, Customs and Border Protection (CBP) can still refuse to let you in. Before you travel, speak to a qualified immigration lawyer.


Q: My application for advance parole is pending. What will happen to it?
A: If You Have an Advance Parole travel document application pending, USCIS will no longer process or approve applications for advance parole for DACA recipients. If you have an application for DACA-based advance parole pending as of September 5, 2017, USCIS will close the application and return the filing fees to you.


Q: What else can I do to stay in the USA and not get deported?
A: Talk to a Lawyer. Talk to an experienced immigration lawyer as soon as possible. You may be eligible for another type of status. A surprising number of people who came forward to apply for DACA were eligible for something better and more permanent. Before making any decisions which could impact your future status, speak to a qualified experienced immigration lawyer.

 

Be careful who you take advice from. Don’t get scammed!

AND FINALLY- don’t give up.

Congress may finally feel the pressure to act now and pass a law for permanent protection for Dreamers.

Pending legislation is as follows:

  • In the House of Representatives:
    H.R. 3440 Dream Act
  • In the Senate:
    S. 1615 Dream Act

Figure out who your congress people are and ask them to support the DREAM ACT.  

www.senate.gov/general/contact_information/senators_cfm.cfm

CLICK ON “CHOOSE A STATE” to get contact information for your Senators. The two Florida Senators are Bill Nelson and Marco Rubio.

www.house.gov/representatives/find/

Enter your Zip Code to find the Representative(s) for your District.

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Member of the AILA - American Immigration Lawyers AssociationAVVO Top Immigration Attorney Suzanne E. VazquezAVVO Board Certified Immigration Lawyer - Clent's Choice 2012Board Certified Immigration Attorney by The Florida Bar

The Information obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own particular case.