New York Lawyer's Legal Updates

TRUMP ENDS DACA

Author: New York immigration Lawyer Alena Shautsova

On September 5, 2017, President Trump announced that DACA program will be ended unless Congress passes a permanent solution.

DACA program allowed thousands of undocumented children who were brought into the United States without their consent to be protected from deportation. It also provided an employment authorization and an opportunity to travel within an advance parole document. Once the program comes to an end, all those who were protected from the deportation now, will lose this protection. Although DHS so far stated that it would not target DACA beneficiaries specifically, nevertheless, a person without a legal status in the United States is subject to removal.

For all those who have valid DACA status and whose status expires on or before March 5, 2018: you may re-apply for DACA and an employment authorization, but your application must be received prior to October 5, 2017. Starting September 5, 2017, USCIS will no longer accept or process applications for advance parole for DACA beneficiaries. If one still has a valid advance parole, it may still be used (although it is risky). However, all DACA beneficiaries with pending advance parole applications are losing their chance to travel legally to/from the United States. Such applications will be closed and the filing fees for such pending applications will be returned.

If your DACA status expires after March 5, 2018: you are not eligible for an extension. You will need to consult with an attorney to see if you may have other options.

The announcement to end DACA comes with a little surprise. President Trump stated that he would like Congress to pass a permanent solution for DACA beneficiaries. Taking into consideration that even previous administration failed to pass such a solution, it is highly unlikely that Congress will come to a unified decision on an Immigration issue any time soon.

Possible solution for DACA beneficiaries at this moment:

  • If you qualify for an extension, you should file your application before October 5, 2017.
  • If you have a valid advance parole and have not used it yet: you should probably consider using it and securing a "legal entry" or parole in the US, while you still can. (Not everyone can be travelling in/outside of the United States in DACA status without a danger of self-deporting)
  • U visa and VAWA solutions might be available
  • Adjustment of status might be available for those with US citizen spouses, or those who may qualify for a waiver

All DACA beneficiaries who do not have current immigration application pending, should consult with an attorney to explore their options and best Immigration strategies as soon as possible. Call our office today at 917-885-2261.

06 September 2017
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