New York Lawyer's Legal Updates

DACA Updates

Author: New York Immigration Lawyer Alena Shautsova

As many young people continue to submit their forms for DACA relief, the expected number of the applications has not been reached. See the graph here.

Amongst many reasons, are:

  • The fear that If Obama is not reelected, Romney will close the program and deport the applicants who disclosed their identities;
  • Despite broad qualification criteria’s, many struggle with meeting all necessary requirements.

Our office was successful in helping some of the immigrants who submitted the DACA relief applications, however, in some of the cases we honestly advised our clients to wait.

Such cases included a case of Maria (the real name was changed), who illegally entered the United States in January , 2007. Maria has school and medical records proving her continuous presence in the United States from about May, 2008, but not prior to that. Even though she could find one person who would submit an affidavit as to her presence in 2007, still she would not be able to demonstrate the entry on or before June 15, 2007. We advised Maria to wait with her application.

As to the fear that the new possible administration will shut down the program, it is my personal opinion that it will not happen. For political reasons, if Romney elected, he will not likely to suppress orders of his predecessor. It would be ideal, if the DACA program change its inflexible deadlines and evolve into a legislation or firm policy guidance. Like with Maria above, I believe it is unfair that a person who can show continuous residence in the United States for five years on the date of the application (opposed to a firm date in 2007), should be disallowed to apply.

31 October 2012
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