New York Lawyer's Legal Updates

DACA May Be Restored

Author: New York Immigration Attorney Alena Shautsova

DACA is a temporary protection from deportation for childhood arrivals was implemented by President Obama. President Trump’s administration decided to scrap the program, and the people pushed back. Recently, a Federal judge in Washington DC ordered the entire program be restored by the government within 20 days or starting from August 23, 2018. It means, that if the program is restored, those who never applied for it but are eligible will be able to file new applications, and those with expiring benefits, will be able to extend those benefits. The judge ruled that “if DHS wishes to rescind the program—or to take any other action, for that matter—it must give a rational explanation for its decision.” It means that DHS has the power to shut down the program, but not without a rational explanation, because of the great impact the program has on the lives of thousands of US residents.

Hopefully, the program will be restored, and so will be its main benefits: an employment authorization and an authorization to travel. It is the authorization to travel that is the most valuable benefit. Many children (who are now long-term US residents with close ties to the community) were brought to the US through the border without proper documentation. As a result, if now, they are married to US citizens, they cannot file for the green card, even though otherwise are eligible: they lack the “legal entry” component of the eligibility. If they, however, travel outside the US using a proper authorization and come back, now, they are deemed to be “paroled” and can apply for green cards. Alternatively, DACA beneficiaries who cannot obtain an advance parole may consider a waiver or motion to reopen in appropriate cases.

The prospects of the Immigration reform remain clouded, however. The parties cannot agree on a united proposal and it causes delays in solutions and frustration in the society. While we all hope that one day, the reform will be passed, if you believe you or someone you know can qualify for a benefit today, you should talk to an attorney. You can book a consultation with our office by calling 917-885-2261.

08 August 2018
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