What are the eligibility requirements for DACA?
to be eligible for daca, applicants must meet several eligibility requirements such as: have entered the united states before their 16th birthday, be currently in school, a high school graduate or be honorably discharged from the military, be under 31 years of age, and not have been convicted of a felony, significant misdemeanor, or otherwise …
How to qualify for DACA?
- are under 31 years of age as of June 15, 2012;
- came to the U.S. ...
- have continuously resided in the U.S. ...
- entered the U.S. ...
- were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;
Do I qualify for DACA?
You must also be at least 15 years or older to request DACA, unless you are currently in removal proceedings or have a final removal or voluntary departure order, as summarized in the table below: I have never been in removal proceedings, or my proceedings have been terminated before making my request.
Are new DACA applications being accepted?
The Trump administration tried ending DACA in 2017, but the US Supreme Court blocked its attempt in June 2020. After the Supreme Court ruling, the Trump administration then tried to say no new DACA applications would be accepted and renewals would be limited to one year instead of two amid an ongoing review.
Is DACA approved in 2021?
However, pursuant to the July 16, 2021 order from the Southern District of Texas, DHS is prohibited from granting initial DACA requests and accompanying requests for employment authorization. Also consistent with that order, DHS will continue to grant or deny renewal DACA requests, according to existing policy.
Can DACA recipients apply for Green Card 2021?
Yes, it is possible for DACA recipients to apply for a green card if they meet the lawful entry requirement. If you've entered the U.S. lawfully with Advance Parole or if you first entered with a valid visa, you may meet the green card eligibility requirement.
Can I travel outside the US with DACA 2021?
Without bringing evidence that they meet the requirements, DACA recipients cannot travel outside the U.S., and their application will be rejected. What's more, it is not possible to travel for just any reason, like going on a trip for relaxation purposes or visiting a family member or friend.
What is the status of DACA today?
Although the Supreme Court permitted DACA to survive in 2020, its legal future is more uncertain than ever. With an adverse decision from Judge Andrew Hanen in 2021 and the Fifth Circuit and U.S. Supreme Court appearing likely to uphold key elements of Hanen's ruling on appeal, DACA may already be on life support.
Can DACA get citizenship?
6. How do Dreamers become citizens? The DACA program does not provide a pathway for Dreamers to become U.S. citizens or even legal permanent residents. In fact, there is no legal pathway for Dreamers to earn citizenship at all, despite 86 percent of American voters supporting giving Dreamers pathways to legal status.
Can I go to Hawaii with DACA?
Please be aware that for travel to any location other than the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, or the Commonwealth of the Northern Mariana Islands, you must have advance parole from USCIS prior to departure, just as with any other international travel.
Can DACA recipients go to Canada?
DACA applicants may not travel outside the United States until after their DACA request has been approved. 2. DACA applicants or recipients who travel outside the U.S. without being granted approval for travel will lose their DACA status.
Can I fly with DACA ID?
Can DACA recipients fly without REAL ID licenses or ID cards? Yes. At present, non–REAL ID licenses and cards are still acceptable, as are employment authorization documents (EADs) and other items on TSA's list of acceptable identification documents.
Can I cross checkpoint with DACA 2021?
For now, Martinez advises DACA recipients not to cross checkpoints or ports of entry unless it's an emergency. "Then I would advise simply make sure that you have your attorney, a successful immigration attorney, on standby if it's necessary for you to cross.
Why is DACA 2021 taking so long?
Certain factors, such as new arrests or criminal convictions, will likely lead to a longer renewal request processing time. If you have been arrested or convicted since the last time you renewed your DACA, you should speak with an immigration legal expert before filing a renewal request.
How long does DACA take to process 2021?
7 to 10 monthsForm I-821D Processing Time Summary USCIS has a stated goal to processing DACA applications within 120 days, but this is far from reality. After filing your DACA application package, your I-821D processing time can take anywhere from 7 to 10 months.
How can a DACA recipient get a green card without marriage?
If you don't meet the eligibility requirements for a marriage-based or employment-based green card, you may be qualified to apply as a special immigrant....To qualify for this category, you must be one of the following:Religious worker.Special immigrant juvenile.International broadcaster.More items...•
What does the July 16 court order mean?
All those who were granted DACA before the decision on July 16, 2021, will continue to have DACA.
How many new applicants will be affected?
According to the U.S. Citizenship and Immigration Services page, as of March 31, 2021, there are more than 615,000 DACA recipients in the United States.
Can I still renew my DACA?
Yes, you can still renew your DACA. It is very important that you continue to renew it. You can renew if:
DACA news
DACA was created in 2012. It allows people who entered the country as children and met certain requirements to have relief from deportation and request a two-year renewable work permit.
Legal help to apply or renew your DACA
If you do not have professional help yet to renew or apply for DACA, you can still get started. There is good information available online. Here are some resources you can trust:
When will the DACA be updated?
DACA News: The Latest. Updated: December 7, 2020. UPDATE: On December 4,2020 , a ordered USCIS to restore DACA and begin accepting new applications. This is based on the judge’s November found that the acting Secretary of Homeland Security, Chad Wolf, didn’t have the authority to modify DACA.
Why did the DHS end the DACA program?
In 2017, DHS rescinded the 2012 DACA memo and issued a new memo stating that DHS was ending the DACA program because, in their words, it was unlawful. This DHS action was challenged and eventually argued before the U.S. Supreme Court.
What is the DACA program?
Deferred Action for Childhood Arrivals (DACA) is a program created in 2012 by then President Barack Obama. The program protected from deportation certain noncitizens who came to the U.S. when they were young, met the education requirements, and did not have any disqualifying criminal convictions.
Is there a reason to deny a DACA renewal?
Therefore, there is no reason why they should deny or reject any pending application for renewal.
Will the government issue a new memo to cancel the DACA?
The government could issue a new memo at any time attempting again to cancel DACA. The hope is that any new attempt to rescind DACA would be challenged in the same way that the 2017 memo was challenged. Any new legal challenge could keep DACA in place until after the 2020 elections. Stay on top of DACA news for the latest.
Can I renew my DACA?
If you’ve already been approved for DACA and a work permit, then you can continue to renew it as needed. However, it’s important to keep up with news on DACA as it’s entirely possible that the government could again attempt to terminate the program. But unless anything changes, you can, and should, continue to renew it the same way you have over the last several years.
Is the DACA memo void?
Because of the Supreme Court’s decision, the 2017 DHS memo rescinding DACA is now null and void, and the original 2012 memo creating the DACA program is reinstated.
DACA News Today 2021: The American Dream and Promise Act
The history of DACA has been one of ups and downs. Under the Obama administration, undocumented young people could officially obtain DACA status starting in 2012. This allowed Dreamers the opportunity to participate in their communities around the United States. 2017 brought changes under the new Trump administration when DACA was declared over.
How Can a DACA Recipient Get a Green Card
We sometimes get the question, “Does DACA count as a permanent resident?” The answer is no, as you still must obtain a green card to become a permanent resident.
DACA Road to Citizenship: Entering the U.S. Unlawfully
For those who came to the United States unlawfully, the question remains, can DACA recipients become citizens? You can, but—depending on your current status—the process can be long and difficult.
DACA Path to Citizenship: Entering the U.S., Form I-601A, and Advance Parole
Entering the United States unlawfully means that you were not inspected by the U.S. Customs and Border Patrol nor do you have a visa. Applying for a visa when you have unlawfully entered the United States will require consular processing and applying for your green card from abroad.
Entering the U.S. Lawfully
Only when you enter the United States lawfully are you allowed to apply for permanent residency. Being a DACA recipient, your first entry to the United States was unlawful, but you can make your entry lawful through the Advanced Parole factors listed above.
DACA Path to Citizenship Through Marriage
If you are a DACA recipient and are now in the position where you are in a relationship with the desire to marry, you may be able to get a green card through your marriage status. DACA and naturalization can be complicated but can be attained with the help of a good immigration attorney.
Contact an Experienced Immigration Lawyer Today
The experienced immigration attorneys at Scott D. Pollock & Associates P.C. can help you with the process of transitioning from being a DACA card recipient to obtaining citizenship. If you have any questions about your current DACA status or ways of transitioning from DACA to citizenship, please contact the attorneys at our firm.