CONSIDERATION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

UPDATES

07.28.2024

Biden-Harris Administration Announcement Regarding Immigration

As you may have already heard, two weeks ago the Biden-Harris administration announced an executive order that would create a pathway for undocumented spouses of U.S. Citizens to apply for permanent residence, and it also provides guidance to USCIS for DACA recipients who are applying for employment based visas.

What does this new executive order do?

  1. The new executive order would allow noncitizens who have been in the country for at least 10 years AND are married to a U.S. citizen, to apply for permanent residence without leaving the country (also called “Parole in Place”). 

  2. This new executive order will facilitate employment-based visas for those who have graduated from college in the United States AND have a job offer (aka your employer will probably have to submit an application to petition for you). 

Eligibility for “Parole in Place”

To be considered on a case-by-case basis for this process, an individual must:

  • Be present in the United States without admission or parole (i.e. never traveled with permission);

  • Have been continuously present in the United States for at least 10 years as of June 17, 2024; and

  • Have a legal valid marriage to a U.S. citizen as of June 17, 2024.

  • U.S. citizen stepchildren may also be eligible. 

  • In addition, individuals must have no disqualifying criminal history. 

You may be asking yourself: How do I apply? Or when can I apply?

Unfortunately, we do not yet have more information on how to apply and requirements. We need to wait until more information is released this summer.  

*Please note that this new executive order is expected to be challenged in court.*

That being said, we still recommend that you renew your DACA. If you would like to renew your DACA, please set an appointment with us about 5-6 months before your DACA expires! 

Reminder that if you let your DACA expire for more than a year after its expiration date, you will fall out of the program. 

08.16.2023

Back in October 2022, the 5th Circuit Court of Appeals found that the 2012 memo that established the DACA program was unlawful. This news came out after the Department of Homeland Security (DHS) published a final rule in August 2022 to protect the DACA program. 

So what happens next with DACA? The 5th Circuit Court of Appeals sent the case to a Texas District Judge and ordered the judge to review the new DHS final DACA rule. 

You may be asking yourself, how does this affect me? 

  1. If you are already enrolled in the DACA program, you are still allowed to renew. 

  2. If you are not already enrolled in the DACA program, applications are still prohibited from being adjudicated (This includes applications from folks whose DACA expired for more than one year). 

* Moreover, the most recent final rule published by the DHS does not change the rules regarding who is eligible for the program * 

That being said, if you are our client and would like to renew your DACA, please set an appointment with me about 5-6 months before your DACA expires! Reminder that if you let your DACA expire for more than a year after its expiration date, you will fall out of the program.

7.16.2021 JUDGE RULED PAUSING ALL INITIAL DACA APPLICATIONS

On July 16, 2021, the U.S. District Court for the Southern District of Texas held that the DACA policy “is illegal” and issued a permanent injunction. However, the court temporarily stayed its order vacating DACA and its injunction for individuals who obtained DACA on or before July 16, 2021, including those with renewal requests.

This means that:

  • USCIS is still accepting and process renewal applications and Advance Parole applications for those who already have DACA, and

  • USCIS will still accept but not process initial applications for DACA, so any initial applications sent since 12.07.2021 are on hold and any biometrics appointments scheduled are cancelled. Initial applications include anyone who filed an initial application due to a lapse in over a year since their previous DACA expiration date. CALA is not currently filing any initial DACA applications until further guidance from DHS.

REAL ID

DACA recipients are eligible to receive temporary REAL IDs from their respective state’s DMV. Make sure you gather all the documents listed on your state’s DMV Real ID website "Document checklist" and go through the steps on their online portal.

https://www.dhs.gov/real-id/real-id-faqs

NEW YORK STATE DREAM ACT SCHOLARSHIPS AND GRANTS

DACA Recipients:

If interested in pursuing higher education at New York State institution, see if you qualify for grants and scholarships via the Senator José Peralta New York State DREAM Act. Read more at the link below.

https://www.hesc.ny.gov/dream/#WIS

The New York State Tuition Assistance Program (TAP) is now available for DACA Recipients through the New York State DREAM Act. TAP helps eligible New York residents pay tuition at approved schools in New York State. Read more at the link below.

https://www.hesc.ny.gov/pay-for-college/apply-for-financial-aid/nys-tap.html#horizontalTab2

The CUNY BECAS Scholarship Program 2019 is awarded to for current or prospective CUNY students WITHOUT consideration of immigration status.

"...recipients will work...to advance the Mexican and/or immigrant community. Criteria for selection are academic excellence, financial need, and commitment to service in the immigrant and/or Mexican community in New York, without consideration of immigration status."

See the website for more information:

http://www.lehman.cuny.edu/cuny-mexican-st…/scholarships.php