Visa Lawyer Blog

Articles Posted in DACA Renewals

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With the onset of Donald Trump’s presidential inauguration, rumors have swirled about whether the newly elected President will terminate the 2012 Deferred Action for Childhood Arrivals (DACA) program for undocumented persons who came to the United States as children, otherwise known as “Dreamers.” The DACA program was made possible by Trump’s predecessor, Barack Obama, with the passage of an executive order signed into law in 2012. Although Trump has openly stated that he plans to dismantle the DACA program within his first 100 days in office, in the days following his election, he backtracked his stance on the issue in an interview for TIME magazine, and instead promised that in its place, Dreamers would receive temporary “protection” from the federal government which would allow them to remain in the United States lawfully without fear of deportation. Although Trump did not fully elaborate on the details of such governmental immunity, his remarks gave Dreamers hope that the DACA program might not end after all, or at the very least that similar temporary relief might be put in its place.

Aside from Trump’s political motivations, several senators have introduced bipartisan legislation in the form of the BRIDGE Act (Bar Removal of Individuals Who Dream and Grow our Economy). The BRIDGE Act was introduced in early December, before the inauguration of Donald Trump, and is designed to protect Dreamers from deportation by allowing them to obtain “provisional protected presence” for a three-year period similar to the “deferred status” given to Dreamers under the DACA program. If passed the BRIDGE Act will also allow Dreamers to keep their temporary employment authorization (EAD) benefits. It must be noted that at this time the BRIDGE Act is still only a bill. The BRIDGE Act has not yet been signed into law, and no other bill has yet been passed protecting Dreamers from deportation.

Many of our clients and readers are stuck in this “legal” limbo and are unsure of what the future of DACA may hold. The good news is that because the DACA program has not yet been dismantled, DACA recipients are still protected from deportation by the “deferred status” they have received from USCIS. If you have received deferred status which has not yet expired, it is recommended that you obtain a stamp in your foreign passport from the Department of Homeland Security that indicates that you have been “paroled” into the United States based on your grant of DACA or “deferred status.” A person who has been granted deferred status may seek temporary admission to the United States as a parolee. A parolee is an alien who is inadmissible to the United States, but may be allowed to enter the United States for humanitarian reasons or when the alien’s entry is determined to be for significant public benefit. The grant of “deferred” action allows a person who does not otherwise meet the technical requirements for a visa or is inadmissible to the United States, permission to enter the United States on “parole” for a temporary period of time. Dreamers may obtain a stamp in their passport as evidence of this temporary status or “parole” by appearing before a customs official at a port of entry (such as an international airport) with evidence of their approved DACA status and employment authorization card. Upon inspection, the stamp will indicate to immigration officials that you have entered the country legally and that you have been granted parole based on your DACA. Although parole will not grant Dreamers formal admission to the United States, it will grant an alien “temporary” status to remain in the country lawfully. The stamp, for now, will allow Dreamers to breathe a sigh of relief since it serves as proof of the alien’s “legal” admission to the United States. Dreamers who marry U.S. Citizens in the future may use their “parole” stamp and I-94 arrival/departure record as evidence of their legal admission to the United States to apply for permanent residency.

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On Friday December 9, 2016, Democratic Senator Dick Durbin of Illinois, and Republican Senator Lindsey Graham of South Carolina, introduced the “Bar Removal of Individuals who Dream and Grow our Economy” BRIDGE act before Congress to protect Dreamers from deportation, and allow them to keep the temporary employment authorization (EAD) they currently possess. This legislation was introduced to provide temporary relief to the young, undocumented, immigrant population that was issued Deferred Action for Childhood Arrivals (DACA) or “deferred status” by President Barack Obama in 2012. Amid mounting pressure to protect the existing DACA program, as well as feelings of fear and uncertainty surrounding the future of the program, several Democratic and Republican Senators have come together to save the program from the Trump administration including Senators Dianne Feinstein, Lisa Murkowski, and Jeff Flake. As you may remember, DACA was first introduced by President Obama in 2012 to provide undocumented immigrants who came to the United States at a young age, the opportunity to apply for employment authorization, and be protected from deportation. DACA is not a form of amnesty, and does not provide a path to permanent residency or citizenship. DACA recipients, commonly referred to as “Dreamers” in the media, are undocumented persons who came to the U.S. as young children, and are pursuing the American Dream through higher education or military service in the United States.

Last week, just before Congress went into recess before the winter holiday, Senator Graham along with other Senators introduced the “Bar Removal of Individuals who Dream and Grow our Economy” (BRIDGE) act which will give current DACA holders “provisional protected presence” for a three year period, as well as undocumented persons who are eligible for the program, but who have not yet applied.  Although this act is not a revelation, given that this “provisional protected presence” sounds a lot like “deferred status” which DACA has already conferred upon DACA recipients, the legislation does promise to protect this population of undocumented immigrants from deportation, and allow them to continue living, working, and studying in the United States without the need to fear deportation. The criteria will also be the same as the eligibility criteria for the DACA program. At the very least this piece of legislation if passed, will protect current DACA holders from losing the temporary employment authorization they already possess, and will shield young undocumented people who would otherwise be eligible for the program, from deportation under the Trump administration.

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On the heels of being named “Person of the Year” by TIME magazine, a new interview with President-elect Donald J. Trump reveals new information regarding the former business tycoon’s stance on illegal immigration. As we have previously reported, throughout his campaign the President-elect Donald Trump vowed to crackdown on illegal immigration, claiming that he would deport the 11 million undocumented immigrants residing in the United States unlawfully during. Among other things, Trump also campaigned on the platform that he would end the Deferred Action for Childhood Arrivals (DACA) program once and for all; a program which to this date has shielded hundreds of thousands of young undocumented persons from deportation, and provided them with temporary work authorization. The lives of these young undocumented immigrants have in large part been shaped by the passage of DACA, and the false sense of security it brought them. Today, their lives are in a very fragile state, with the uncertain future of what may happen to this program under a Trump administration, and the looming possibility of their removal from the United States, given that USCIS now possesses vital information regarding their identities and whereabouts. Ever since his election, Trump has desperately attempted to unite the nation. His administration has endeavored to pick up the broken pieces that were left behind by his polarizing campaign rhetoric. In recent months, we have seen Trump dramatically soften his stance on immigration in what may be described as futile efforts to unify the country.

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On June 23, 2016 the United States Supreme Court made headlines when it affirmed a federal court’s decision in United States v. Texas, preventing the expansion of the Deferred Action for Childhood Arrivals (DACA) program and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program. An eight-person bench delivered a single one-line decision on the ruling stating, “the judgment of the lower court is affirmed by an equally divided court.” This controversial decision ultimately resulted in the halt of the expansion of the DACA and DAPA programs, leaving these programs in legal limbo. The DACA and DAPA programs were first introduced by President Barack Obama two years ago, as part of a series of executive actions on immigration. With the passage of these programs, the Obama administration hoped that the Republican controlled House of Representatives would be persuaded to discuss the issue of comprehensive immigration reform. This effort proved fruitless. Republican Congressmen and women not only refused to pass comprehensive immigration reform, they politicized the issue of immigration altogether, blocking the President’s Supreme Court nomination following the sudden death of Justice Antonin Scalia, in order to prevent the Supreme Court from becoming liberal. Together, these programs would have shielded nearly five million undocumented immigrants from deportation by giving them “deferred status,” and would have provided applicants with a temporary three-year employment authorization card. Although these measures proved short of an amnesty, they were made in response to Congress’s refusal to pass meaningful immigration reform for the undocumented population living in the United States.

The expansion of the DACA program would have increased the population eligible to apply for employment authorization to people of any current age, who had entered the United States before the age of 16, and who could demonstrate continuous residence in the United States since January 1, 2010. Similarly, the DAPA program would have shielded millions of parents of U.S. Citizens and Lawful Permanent Residents from deportation if they could demonstrate continuous residence in the United States since January 1, 2010, and pass the required background checks.

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It is our pleasure to bring you the latest immigration news.

Adjudication of DACA-based Advance Parole

In response to the uncertain political climate, USCIS has responded to rumors that USCIS has suspended the processing of DACA-based advance parole documents. USCIS has confirmed that they have NOT suspended processing of DACA-based advance parole applications, and will continue to adjudicate these applications as normal. In addition, USCIS released a statement notifying the public that they will continue to process all applications, petitions, and requests consistent with current immigration laws, regulations and policies. We have also learned that USCIS has distributed guidelines to USCIS Field Offices across the United States providing officers with a clear framework regarding the issuance of emergency advance parole documents for DACA applicants. Please be aware that if you are in the process of applying for a DACA-based advance parole document, the advance parole document contains an important disclaimer which states that an advance parole document does not guarantee any person admission to the United States. Customs and Border Patrol may use their discretion in deciding whether or not to admit a person with an advance parole document into the United States. DHS may also revoke or terminate an advance parole document at any time.

Donald Trump on Visa Program Abuses

On November 21, 2016 the President-elect, Donald Trump, released an update on the Presidential Transition, outlining some of his policy plans for his first 100 days in office, including his day one executive actions. Donald Trump announced that he during his first day in office he plans to direct the Department of labor to investigate all abuses of visa programs that undercut the American worker. So far, it is unclear what position he will take on nonimmigrant worker programs.

Increase in Filing Fees

On December 23, 2016 USCIS will increase filing fees for certain immigrant and nonimmigrant petitions processed by the service. In order to avoid these fee increases, USCIS must receive your application before this date. The petitions that will be most heavily impacted by the fee increases include Form I-924 for Immigrant Investor Pilot Program, Form I-526 Immigrant Petition by Alien Entrepreneur, the N-400 application for citizenship, I-129 Petition for Nonimmigrant workers, the I-485 Adjustment of Status Application, the I-130 Petition for Alien Relative, the I-129F petition for alien fiancé, and the I-751 Petition to Remove Conditions on Permanent Residence. Fee waivers are available for select family based petitions. For a complete list of the fee schedule please click here.

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There is no denying that the election of Donald Trump as next President of the United States has dealt a huge blow to the immigration reform effort and diminished any hope for the passage of broader legal immigration reform. We had hoped that with the election of Hillary Clinton we would see an increase in immigration levels for highly skilled workers, as well as increased visa opportunities for entrepreneurs and investors. While the news of Donald Trump’s election was a big setback for immigration in general, polling continues to suggest that people across the United States are willing to support fairness in dealing with the undocumented immigrant population in a sensible and human way. By contrast, most Americans disapprove of passing broad legal immigration reform that would benefit foreign workers.

Donald Trump was able to win the favor of a great number of Americans because of his critical view of programs like NAFTA that he believes has allowed American jobs to go overseas. Trump has blamed the U.S. government for allowing programs like the H-1B worker program to exist, saying that foreign workers are taking American jobs. We can expect to see Donald Trump take a restrictive view on legal immigration, keeping immigration levels within historic norms. Donald Trump has until recently softened his tone on illegal immigration, claiming that his priority is to deport only dangerous criminals residing in the United States unlawfully, although his 10-point plan contradicts his recent stance.

It is likely that the Republican House and the Senate will introduce legislation designed to benefit American workers and the economy, and focus less on creating immigration opportunities for foreign workers. Similarly, the Trump administration will likely focus on job creation, and less on passing any meaningful legal immigration reform.

The program that may come under fire by the Trump administration is the Deferred Action for Childhood Arrivals (DACA) initiative which began on June 15, 2012 as part of an executive order introduced by President Barack Obama. Donald Trump has repeatedly said that he wants to end the Deferred Action for Childhood Arrivals (DACA) program incorrectly calling it an “amnesty.” In actuality, DACA is not amnesty and does not provide a pathway to permanent residency or even citizenship. DACA merely shields the individual from deportation and allows them to legally obtain employment in the United States for a temporary period of time.

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Men in a Huddle

On June 15, 2012 President Barack Obama first unveiled the Deferred Action for Childhood Arrivals (DACA) initiative to the world. In his 2012 announcement the President divulged that the DACA initiative would allow certain undocumented individuals who came to the United States as children the opportunity to be shielded from deportation and the right to a temporary work permit. To be eligible individuals were required to meet several guidelines to receive ‘deferred action’ for a period of two years, subject to renewal. USCIS began to accept applications for the DACA initiative on August 15, 2012.

At its core, ‘deferred action’ is the use of prosecutorial discretion to defer removal from the United States for a certain period of time. Although deferred action grants such deferment, it does not provide the individual lawful status and it is not a path to permanent residency.

On November 20, 2014 the President unveiled two initiatives that would expand the population eligible to obtain Deferred Action. Additionally, the President announced a new initiative called Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). To be eligible for the expanded DACA program applicants were required to a) have entered the United States before the age of 16; b) demonstrate continuous residence in the United States since January 1, 2010; and pass required background checks. The initiative would also extend the period of ‘deferred action’ and work authorization to three years rather than two years.

Similarly, parents of U.S. Citizens and LPRs would be also be eligible for deferred action and employment authorization for a three-year period if a) they could demonstrate continuous residence in the United States since January 1, 2010 and b) pass required backgrounds checks. On February 16, 2015 just two days before applications would begin to be accepted for the expanded DACA and DAPA programs, a temporary injunction halted these programs from going into effect. The controversy that followed regarding these programs led to a federal lawsuit known as United States v. Texas which made its way to the Supreme Court of the United States. There the Supreme Court deadlocked in a 4-4 vote preventing these programs from going into effect.

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26762616905_3855617f27_zAs previously reported, the Department of Justice is currently facing off in court against a federal judge from the State of Texas, who has accused federal prosecutors of misrepresenting, and withholding information in federal court, related to the implementation of the expanded Deferred Action for Childhood Arrivals (DACA) program and new Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program that was scheduled to take effect on February 18, 2015, as part of President Barack Obama’s executive actions on immigration. All of that changed, when Judge Hanen filed a temporary injunction in court, blocking these executive orders from taking effect, just days before February 18, 2015. Judge Hanen is asking the court to punish federal prosecutors working for the Department of Justice by forcing them to attend mandatory ethics courses.

In addition, Hanen has requested that the Department of Homeland Security hand over the names, addresses, and other information of individuals who were unlawfully granted immigration benefits under these programs. On Friday, a group of undocumented individuals came forward, asking an appellate court to respect their privacy by not turning over their personal information to the State of Texas, and other interested parties. This group of undocumented individuals is currently being represented by the American Civil Liberties Union (ACLU) and the National Immigration Law Center (NILC). Attorneys for the group are expected to argue before the U.S. Court of Appeals for the Fifth Circuit in order to block Judge Hanen’s order.

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The Supreme Court justices are currently in deliberations, to decide the fate of Barack Obama’s expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of U.S. Citizens and Lawful Permanent Residents (DAPA) announced November 2014, as part of the President’s executive actions on immigration. At issue is whether or not the Court will hear arguments for and against lifting the temporary court injunction, which prevented the expanded DACA program and the new DAPA program from moving forward as initially anticipated.

The extended DACA and DAPA provisions were scheduled to go into effect on February 18, 2015, but were quickly blocked by a temporary injunction filed by Texas and 26 other states, just three days before applications for extended DACA and DAPA would have been accepted by USCIS. What has resulted has been a near two-year legal battle between the federal government and the states in question.

Timeline of legal action between the federal government and plaintiffs:

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katie

It is our pleasure to introduce our readers to our esteemed Paralegal and Case Manager Katie Foley who has worked at the Law Offices of Jacob J. Sapochnick since 2010. Ms. Foley, originally from Santa Cruz, California holds a Bachelor’s Degree in Liberal Studies from Cal State East Bay and her paralegal certificate from San Diego Miramar College. Throughout her career, Katie Foley has assisted our attorneys with various different types of immigration petitions including family-based petitions, employment based petitions (H-1B, E-2 etc.), deferred action, marriage visas, I-751 petitions, fiancé visas, consular processing, naturalization, temporary visas (B-1/B-2, J-1, F-1 etc), deportation and removal cases.  She has successfully processed hundreds of applications and in the process has formed long standing relationships with our clients. In her role as case manager, she assists our legal assistants with their case loads and provides direction as needed. Ms. Foley is an outstanding member of our firm for her impressive attention to detail, her understanding of the law, and the extensive guidance she provides our clients to ensure every case has a successful outcome. She provides all of our client’s strong personal support and comprehensive step-by-step instructions for each immigration process. If you are an international or out of state client, not to worry, Ms. Foley has perfected an easy online case processing system to assist clients with their immigration concerns no matter where they reside. In her free time, she enjoys lap swimming, barbecues, and gardening. To read more about Ms. Foley please click here.

For immigration questions please call our office. Your Immigration is our Passion.