Deferred Action For Childhood Arrivals TERMINATED but..
EXTENSIONS still available
News:
DACA extensions are resumed starting January 13, 2018 after the decision of the federal court. DACA renewals are available but no new initial DACA requests. This means, DACA applicants who were previously DACA benefits and which had expired or is about to expire at some stage, can apply for DACA extension.
DACA was terminated by the attorney general as of September 5th, 2017
Late received DACA renewals:
Daca applications reportedly late delivered by the usps mail beyond the last date of extension filing deadline are now allowed for resubmission with evidence of timely mailng.
Termination is to take effect gradually and some applications are being adjudicated while others are not accpeted. Some details are:
New DACA or EAD applications filed and pending on September 5th, 2017 will be adjudicated.
DACA and EAD renewal applications that will be accepted and adjudicated if already accepted by USCIS.
Renewal applications may be filed by October 5th if the benefits expire between this date and March 5th, 2018 till October 5th, 2017 and adjudicated if properly filed all other renewal requests will be rejected.
New Advance parole applications are no longer accepted although the existing applications are beig decided.
Applications are considered individually.
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If you came to the United States as a child and met certain guidelines, you may be eligible for deferral of removal i.e. you may be able to postpone your deportation for two years. You may also be able to apply for employment authorization.
Deferred Action for Childhood Arrival (DACA) relief was announced on June 15, 2012 and many were able to benefit from this program. This helps one who came to the United States as a child (before completing 16 yrs. of age) and was present in the U.S. on June 15, 2007 and is 31 yrs. or less on June 15, 2012.
To qualify for this benefit: the child should have been present in the United States for five years on June 15th, 2012, should be in school and not have had any serious criminal conduct.
DACA grants you employment authorization. That is right! Grant of DACA provides you with the work permit i.e. EAD valid for two years.
Extensions are possible but only if one remains eligible for the benefit. You could ask well, having qualified for the DACA benefit once why would I lose it? The answer is: yes, DACA eligibility can be lost upon having certain criminal record. So, it is a good idea to have your eligibility assessed before filing an extension.
DACA does not provide a lawful status but it does postpone the risk of removal or deportation. Applying for this benefit does bring one to the fore front and should the relief be withdrawn the removal may be closer. This benefit is not an immigration status like a visa or greencard.
Because many can be disqualified from receiving DACA benefit after applying and may face removal prospects, it is good idea to contact an attorney for advice.
Supreme Court Ruling on DAPA and DACA extension
The court decision was tied by a 4-4 vote as the 9th judge's seat remains vacant after the passing away of Justice Scalia.
