So what happened to DACA?

By Jessica Suotmaa 0

The Obama-era Consideration of Deferred Action for Childhood Arrivals (DACA) program has been through a roller-coaster ride of ups and downs recently.  On June 15, 2020, the Department of Homeland Security (DHS) released a memorandum regarding DACA (“first memorandum”). However, when the Supreme Court released its decision in the lawsuit Trump v. NAACP, No. 18-588 on June 18, 2020 to prevent the end of the DACA program, DHS had to update its policy.   The updated memorandum was released on July 28, 2020 (“second memorandum”) abides by the Supreme Courts decision to prevent the end of the DACA program.   At this point, there were still questions on how DACA applications will be handled.

On August 21, 2020, the United States Citizenship and Immigration Services (USCIS) released a policy guidance on how the agency will adjudicate DACA applications and associated work permit applications based on the second memorandum.  In this post, we highlight the key points of the current DACA policy guidance based on commonly asked questions.

Will all DACA applications and work permit applications be denied?

The second memorandum applies to “initial” DACA applications and its associated employment applications (I-765). If you’ve already been granted DACA at some point, then your application is not an “initial” application. If you’ve never been granted DACA, then your DACA application will be automatically rejected.  It does not matter if you filed the application before the release of the first or second memorandum. If you do not have an approval, then your application was “pending”, and thus it will be rejected.

Rejected applications will not be reviewed at all, so USCIS will refund the application fees.

If your application is rejected, it will not affect your chances at reapplying.   If there any changes to the DACA situation, and your able to reapply, the rejected application will not count against you.

What if I had DACA, but I didn’t renew it before it expired?

A key difference between the first memorandum and the second memorandum is how USCIS processes DACA applications with expired status.  Before the memorandum, USCIS allowed reapplications for DACA recipients with expires statuses up to one year.  The first memorandum would have changed this, but the second memorandum upholds the previous adjudication method.

In sum, you have one year to renew your DACA after its expired.

Should I file my DACA renewal even though I still have time?

Although the official recommendation has been to file DACA renewals 150 days or less before its due, many have attempted to file early in hopes of extending their DACA before the program ends.  However, the second memorandum states that USCIS has not been processing DACA renewal applications that have more than 150 days left. Instead, USCIS has placed such applications in “pending” status.

From now on, USCIS will reject any DACA renewal application that is filed more than 150 days before its expiration, unless there is a valid reason for the renewal.  In other words, there is no point in submitting an early renewal unless you have a very good reason.

Will my DACA status be shortened from two years to one year?

If you currently have DACA status, the second memorandum will not “shorten” the duration of your status.  However, when you apply to renew your status, you will find that USCIS only grants one year extension at a time.

Employment Authorization Document (EAD), or work permits, will also be renewed for one year at a time.

Will I have to pay more if I renew after October 2nd, 2020?

Recently, USCIS announced it will increase certain application and petition fees starting from October 2nd, 2020.  The EAD renewal and biometrics fees will not increase for DACA renewal applicants.

Can I apply for a Travel Document (Advanced Parole)?

The short answer to this is “no”. However, it can depend on your circumstances.

The second memorandum states that any Advanced Parole (Form I-131) filed before July 24, 2020 will be rejected. USCIS will refund all I-131 application fees. Applicants are allowed to reapply, but the form instructions have changed on the USCIS website.

If you have DACA, but you also have another pending immigration benefit, such as a permanent residence application (Form I-485) pending, then you can apply for advanced parole using the requirements associated with that immigration benefit.

Otherwise, the second memorandum states that DACA holders can only apply for advanced parole under “exceptional circumstances”. It even goes further to specify what is not an exceptional circumstance:

    • Traveling abroad to visit family and friends
    • Going on a vacation
    • Traveling abroad for educational purposes
    • Traveling abroad for work purposes

So what is considered an “exceptional circumstance” that would allow a DACA holder to receive a travel document for traveling out of the country? The second memorandum offers a few examples:

    • Travel to obtain life-sustaining medical treatment that is not available in the U.S.
    • Travel to support the immediate safety, well-being, or care of an immediate relative, such as a minor.
    • Travel in the interest of U.S. national security or interests.

Finally, the memorandum states that if you’ve already been granted advanced parole, it will not be cancelled because of the memorandum.

 

Are you a current DACA holder with questions regarding status renewal or your work permit? Contact us for how we can help you with your situation. Or are there questions that were not answered in this post? Comment them below!

7 Things to Know About USCIS new Fee Rule

By Jessica Suotmaa 0

On July 31, 2020, the United States Citizenship & Immigration Services (USCIS) released the final rule regarding their proposed changes to immigration benefits and their associated fees.  While many news agencies have highlighted the increased costs in fees, and many non-profits have highlighted how asylum applicants would have to pay a fee, the actual rule includes many other provisions that may affect your specific circumstances. Before the rule goes into effect on October 2nd, 2020, find out whether you should begin that application or petition process you’ve been thinking about.  In this article, we highlight the five most important points to know about the new 2020 USCIS benefit and fee changes.

1. Form Fees Will Go Up

USCIS has announced many form fees will increase in order to meet their adjudication costs. Here’s a copy of their published list:

2. Asylum Applications Now Have a Cost

In order to file an asylum application, applicants will have to pay a $50 application fee and a biometrics fee of $30.

Application fees will be waived for initial EAD (Form I-765) and green card application (Form I-485) for those who were granted asylum or admitted as refugees.  In addition, the fee for refugee travel documents will continue to be reduced.

Note that the rule states:

“At the USCIS Director’s discretion, USCIS may waive or exempt the fee for any
form, including those filed by asylees and refugees. See 8 CFR 106.3(b), (e).”

 

3. Fee Waivers May not be Available

Not only does the new rule restrict which forms qualify for a fee waiver, it also adjusts the income restriction from 150 percent of the Federal Poverty Guideline (FPG) to 125 percent of FPG. To see what the federal poverty guideline means in 2020, click here.

USCIS is also changing the language in its fee waivers from “inability to pay” to clearly defined requirements, such as requiring W2 wage statements, federal income returns, or IRS certificate of non-filing to prove income. This removes the “means-tested benefit” as proof of low income, meaning proof of qualifying for benefits intended for low income recipients would not be enough to prove fee waiver eligibility, e.g. submitting Medi-Cal benefit card or food stamps statement.

Here’s a list of forms and their fee waivers for your convenience:

4. Applying Online is $10 Cheaper

To encourage online application filing, USCIS will lower the online application fee by $10.00 compared to the fee for the same paper form.

5. Biometrics Fees Changed

Overall finger print fees are reduced from $85 to $30, except for DACA applicants.

 

6. No Refunds for Fees

While we weren’t aware this was an issue, but the rule clarifies that all USCIS fees are “generally” non-refundable. This includes adjudication fees, H-1B registration, DACA, etc.

 

7. DACA Fees Remain the Same

Contrary to the proposal, USCIS will not be increasing DACA application and renewal fees, but will maintain the fees that were in effect before September 5, 2017 (no change).

 

Do you have questions about USCIS new rule regarding fees and benefits? Was there something specific you had expected to read about, but was not highlighted? We would like to hear from you! Leave us a comment or send us an email.

Why yes, You CAN renew your DACA

By Jessica Suotmaa 0

Due to a recent law suit regarding the Deferred Action for Childhood Arrivals (DACA) program, a federal judge has ruled that USCIS must continue the program while the lawsuit is pending a decision.  As such, USCIS released a preliminary injunction on January 13, 2018 announcing it will be accepting renewal applications for existing DACA holders and for anyone who had DACA but could not renew due to the end of the DACA program (we wrote about it before too).

Please note that this is a temporary situation and could change at any time.

What this means for you:

You had DACA but could not renew, so your DACA has expired:

You may file a new application here.

 

You have DACA but it is expiring soon:

We recommend you file for a renewal four (4) to five (5) months before your DACA is expires. Four to five months allows you to receive your new work permit before the previous one expires and is thereby a good rule of thumb.

 

You have never had DACA but think you might qualify:

USCIS is not accepting new applications at this time.

 

If you have any questions regarding qualifications, please visit the official USCIS website for more information or contact our office at (626) 795-8886.

2017 USCIS DACA announcement

By Jessica Suotmaa 0

 

Renew your DACA by Oct 5, 2017

You can renew your DACA if your DACA is expiring between September 5, 2017 and March 5, 2018, but your application must be received before October 5, 2017.
If your DACA is expiring after March 5, 2018, it will be valid until its expiration date. You will not be able to renew it.

What is DACA?

Deferred Action for Childhood Arrivals (DACA) is a type of administrative relief from deportation for illegal aliens who had arrived in the United States as children.

DACA gives young undocumented immigrants protection from deportation and work permits. The program was created by President Barack Obama, and is currently being phased out by the new administration.  DACA recipients are sometimes called “dreamers”, stemming from the DREAM Act bill was to provide a pathway to permanent residency for unauthorized immigrants who met certain qualifications.  Congress had considered the act in 2007, but failed to overcome a bipartisan filibuster in the Senate.  The DREAM Act was reconsidered in 2011, passed in the house, but ultimately failed to achieve the sixty votes it needed in the Senate.

A few months after its establishment, DACA rules were challenged in courts and ultimately rescinded. The challenges to the policy trace back to November 2014 when President Barack Obama attempted to expand DACA with the aim of covering additional immigrants. However, multiple states sued to prevent said expansion, which resulted in the expansion being later blocked by the courts.

In response to the court’s decision, the Department of Homeland Security rescinded the expansion earlier this year in June 2017 while continuing to review the existence of DACA as a whole.

In September 2017, the Trump administration began phasing out DACA, giving Congress time for a solution for current DACA recipients.

What does the DACA phase-out mean?

  • New DACA applications have not been accepted since September 5, 2017
  • DACA applications submitted prior to September 5, 2017 are processed normally
  • If your DACA expires prior to March 5, 2018 you are eligible to renew
  • If eligible, you can renew your DACA before October 5, 2017
  • If not eligible (aka your DACA expires after March 5, 2018) it will be valid until its expiration date

If my DACA is valid until March 5, 2018, what should I do?

You should renew your DACA and file your renewal before October 5, 2017. Remember, October 5th is the last date for USCIS to receive your application.

Contact us for more information, or assistance in renewing your DACA!

 

If my DACA is valid until after March 5, 2018, what can I do?

You are ineligible to renew by October 5, 2017. You can wait and see what Congress decides for you, or you can begin looking at your options. What other options do you have? Check out this list by Immi | America or ask Mr. Lum!

 

Ask your DACA question

If you, or someone you know, is a DACA recipient, contact us to find out what you’re next step can be.  We know you’re worried, and we want to help!