Deferred Action Archives - Law Office of Aaron M. Morrison

New DACA Temporarily Stalled By Federal Judge in Brownsville Texas

Aaron M. Morrison — Fri, 27 Feb 2015 03:34:12 +0000

On February 16, 2015, a federal judge hearing a lawsuit brought by 26 states against the federal government, issued a preliminary injunction preventing the Department of Homeland Security from rolling out its new Deferred Action for Childhood Arrivals (“DACA”) program. The lawsuit alleges that the President, in adopting DACA and Deferred Action For Parents of American Citizens and Lawful Permanent Residents (“DAPA”) violated the Constitution and the Administrative Procedure Act. The federal government has since appealed the judge’s injunction order. While that appeal is pending, here are two things you need to know:

Until further notice, USCIS is not currently accepting applications for the new DACA program. Although USCIS had initially announced that it would start receiving applications on February 18, 2015, the agency has now indicated that it will not do so in light of the injunction. However, many legal experts believe that the underlying lawsuit brought by the states is without merit, that the injunction will be reversed on appeal, and that the government will ultimately move forward with both DACA and DAPA. (See for example: http://www.latimes.com/opinion/op-ed/la-oe-chemerinsky-obama-immigration-injunction-2-20150219-story.html). Therefore, if you are hoping to apply for either DACA or DAPA, it is still a good idea to begin gathering supporting documents and saving your money for the filing fee, to ensure that you’ll be ready, once the lawsuit is resolved.
Individuals granted relief under the first DACA program (which went into effect in June of 2012) may continue to renew their DACA applications. Furthermore, individuals who satisfy the requirements under this first DACA program can still file initial applications. The injunction and lawsuit have no effect on the June 2012 DACA program.

If you or loved one have any questions as to whether you qualify under either program, you should contact a licensed attorney. Do not take advice from a notary public (“notario”) or immigration consultant.

Deferred Action for Childhood Arrivals (“DACA”)

Aaron M. Morrison — Sat, 17 Jan 2015 06:22:51 +0000

Under the new expanded Deferred Action for Childhood Arrivals (“DACA”) program, eligible applicants will receive work authorization and protection from removal for a period of three years.

To qualify, applicants must demonstrate that they

entered the United States under the age of 16;
that they have been continuously and physically present in the United States since January 1, 2010;
that they are either enrolled in school, have graduated high school, have completed a GED program or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
that they have not been convicted of a single felony conviction, a “significant misdemeanor” or three non-significant misdemeanor convictions, and do not otherwise pose a threat to national security or public safety.

If you have ever been arrested or convicted of any crime and are thinking of applying for DAPA, it is critical that you consult with a licensed attorney with experience and expertise with crimes and immigration before applying.

Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”)

Aaron M. Morrison — Sat, 17 Jan 2015 06:21:22 +0000

Starting May 19, 2015, U.S. Citizenship and Immigration Services will begin accepting applications for Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”).

Eligible applicants will receive work authorization and protection from removal for a period of three years. To qualify, applicants must demonstrate that

they are the parent of United States Citizen or Lawful Permanent Resident child;
that they were physically present in the U.S. on November 20, 2014;
that they have been continuously physically present in the U.S. since January 1, 2010;
and that they are not a Department of Homeland Security enforcement priority for purposes of removal/deportation.

Generally this refers to criminal history. However, it also includes any involvement with gangs, terrorism, as well as certain immigration violations. Potential applicants with who have suffered a single felony conviction, a “significant misdemeanor” or three non-significant misdemeanor convictions are an enforcement priority for DHS.