Deferred Action for Childhood Arrivals (DACA)
The Deferred Action for Childhood Arrivals (DACA) provides relief to a specific category of foreigners to temporarily live and work in the United States. In 2012, The U.S. Department of Homeland Security publicly announced that it would not deport a particular age group of young people who were illegally in the country. Five years later, the immigrant community received the heartbreaking news from the Trump administration that the DACA program would be terminated.
Thousands upon thousands of families are against the idea of seeing their loved ones leave hoping for a resolution that would keep them united. Since the public declaration was made the immigrants protected by DACA have been stricken with fear and uncertainty as to whether they will be able to achieve their American dream or even have a bright future in the U.S. The entire nation has gone into an uproar against the pending decision to end DACA.
While the United States has been in a protest along with immigrant communities both in the country and abroad, here are six things we need to understand about the DACA program:
- A DACA is only valid before expiry date. DACA and employment authorization documents are only good before expiration date. Check your I-795 Approval Notice and the bottom of your EAD card to ensure your authorization has not expired and that you are still protected.
- First time applicants should not submit applications. As hard as it may be to understand, the United States and Citizenship Immigration Services (USCIS) will not be accepting new DACA forms from first time applicants. That was established since September 5, 2017.
- DACA holders have one more opportunity to renew. There is a specific time-frame given to beneficiaries before renewal can be done. According to the Department of Homeland Security it is recommended that those who obtained a work permit that expires on March 8, 2018, to submit their two-year renewal application on or before October 5, 2017. Any applications thereafter will not be accepted.
- Permission to travel overseas with an advance parole has ended. Unfortunately, The U.S. Department of Homeland Security will no longer issue advance parole to DACA holders. Procedures for pending advance parole submissions will not be completed.
- Others are standing in solidarity with the immigrant community. In 2012, others along with the immigrant community stood up and advocated for the protection of foreign children who illegally entered the U.S. Many U.S. citizen employers, business owners, friends and family members expressed that they will continue to stand in solidarity with the foreigners and families of those under DACA and even the hopeful youth that are in the U.S without documents who are striving to make something of themselves.
- A Criminal History Can Get You Deported. It is advised to not file as a first time or attempt to renew your DACA if you have a criminal record. A criminal past or a history of being a threat to public and national safety can put you in the spotlight for immediate removal proceedings by the U.S. government. Seek the assistance of an immigration attorney if you have a criminal conviction of some type and fear returning to your home country because of some serious circumstances.
Contact Your Local Attorney
If you are still unsure about your future call your nearest immigration attorney. A lawyer can help you understand how the DACA program works and what steps to take in obtaining legal status in the U.S.
Call The Gambacorta Law Office at 847-443-9303 for an appointment today at any of the current locations in Arizona, Illinois and Texas.