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!

How can I safeguard my small business during coronavirus?

By Jessica Suotmaa 0

As the coronavirus pandemic continues to affect small businesses post-lockdown, many small business owners might wonder what can be done to safeguard the future of their business.  With new regulations for reopening during the COVID-19 pandemic (and the recent protests), you might question whether it is enough to continue the status quo.  If you’ve come to determine that business cannot continue as usual, then this article is for you. Here, we list six ways you can safeguard your small business during difficult times.

1. Business Strategy

When the economy is not doing well, it is a good time to review your current and past business strategies.  See how your business has grown, why you made the changes you made, and whether you need to make additional changes. Try to predict what the future will look like as a result of the pandemic, and simulate your business model–does it work? Is your business profitable? Or maybe you need to make adjustments.

Economic downturn can change the outlook of supply and demand, inventory, and prices. Make sure you leave nothing out of your review.

2. Regulations and Compliance

As conditions change, be sure to remain to up-to-date on business regulations, employment regulations, and any other regulations that require compliance.  This is also a good time to review tax compliance, and how you can minimize your end-of-your business taxes.

3. Contractual Obligations

If you have obligations to vendors, suppliers, or clients, ensure that you are able to meet your contractual obligations. Try to negotiate whenever possible if the reason you’re unable to meet requirements is due to circumstances out of your control, e.g. pandemic. If you need assistance with negotiations, feel free to consult a qualified business attorney.

In addition, it’s a good time to evaluate the relationships you have with vendors, suppliers, or clients, and prioritize those of more importance.  Add value to the important relationships by communicating more with them and finding out how they are also affected by current circumstances. You might discover new ways to serve your clients through these discussions.

4. Business Insurance

If you have a current policy, review the relevant insurance policies regarding business interruption and event cancellation.  If you do not have insurance policies for your business, this is a good time to consider adding a good insurance policy to your business arsenal.

5. Commercial Real Estate

If you have a mortgage, or commercial lease, identify and review updated policies. Remember to ask about repercussions on non-payment of rent due to impact on the business.

6. Employment

If your business has employees, be sure to remain up-to-date on current employment policies and benefits. Review your employee handbooks for policies on sick and family leave to ensure compliance with local regulations.

 

While we try to suggest what we can in our articles, we realize that every small business is different.  We welcome you to contact our office to discuss your business’ unique needs during these challenging times.

Healthcare Ban

By Jessica Suotmaa 0

Starting November 3rd, 2019, the new “Healthcare Ban” will affect incoming lawful immigrants.  This ban is similar to the travel ban in that the same Immigration Nationality Act section that upheld the travel ban also serves as the basis for the Healthcare Ban.

The President announced that the influx of incoming immigrants without access to private health insurance are a burden to America.  Since the US healthcare system is already in distress, we are banning immigrants without private insurance from entering the US.

Most importantly, any immigrant who cannot afford private insurance within 30 days of entry will not be issued a visa.  The lack of private healthcare can also impact an immigrant’s ability to obtain permanent residence.

What counts as “private health insurance”?

Private health insurance providers are non-subsidized private health plans that can be purchased through your employer (employer-subsidized) or from the insurance company directly (non-subsidized).  Immigrants who qualify for publicly subsidized health insurance plans do not qualify. Any health insurance bought with Covered California, for example, would not qualify since they’re taxpayer-subsidized.

Migration Policy reported 34 percent of lawful immigrants do not have health insurance while another 31 percent rely on publicly funded or subsidized health insurance, meaning the new Healthcare Ban can severely reduce lawful immigration.

Note: Under the Public Charge regulation, Medicare recipients could be denied immigration benefits.

How much medical coverage does the insurance have to cover?

The announcement states the health insurance policy should cover to a reasonable degree, which we can only assume means it depends on your health condition.  We can safely guess this from the Public Charge guidelines, but we won’t know until further guidance is released.

How soon do I have to have health insurance coverage?

Incoming lawful immigrants would have to be able to obtain private health insurance within 30 days of entrance. Not only that, but they would have to be able to prove that they can afford to purchase health insurance within the next 30 days.

Migration Policy estimates the new Healthcare Ban will reduce legal immigration by two-thirds.

Who is excluded from the Healthcare Ban?

Lawful permanent residents, refugees, asylum seekers, and children will not be impacted by the Healthcare Ban.

What if I’m staying short-term and I don’t want to purchase health insurance?

The announcement states that if you can prove that you can afford reasonable future healthcare costs, then you do not necessarily need to purchase health insurance.  What this may mean on a case-by-case situation we do not know.

 

If you are concerned about how the Healthcare Ban may affect your loved ones, including spouses, parents, and adult children of U.S. citizens, contact Lum Law Group today!