In light of the ongoing uncertainty and political environment surrounding DACA, you probably have many questions about its status. The experienced attorneys at Pollack, Pollack, Isaac & DeCicco, LLP, want to help you by providing answers. Our reputable law firm has proudly served New York clients since 1955.
Pollack, Pollack, Isaac & DeCicco, LLP, has three offices in the New York City area to address clients’ DACA and other legal concerns. To schedule a free consultation, call our firm at 800-223-2814 or contact us online.
What are deferred actions in immigration?
Deferred actions are acts of “prosecutorial discretion.” This basically means that immigration authorities can decide whether to provide temporary relief for individuals who might otherwise be subject to deportation. Once someone has been granted deferred action, U.S. Citizenship and Immigration Services (USCIS) will not start removal proceedings.
Who are the Dreamers and what is the Dream Act?
“Dreamers” is the collective term for young people who were brought to the U.S. as children without proper documentation. These individuals were first granted deferred action status through DACA (the Deferred Action for Childhood Arrivals policy) in 2012. The DREAM (Development, Relief and Education for Alien Minors) Act is a legislative effort to provide a pathway to legal status for Dreamers. There have been several versions of this legislation over the years but none has yet become law.
Are new DACA applications being accepted?
In July 2020, the Department of Homeland Security issued a memo to limit DACA. As part of that effort, new applications from claimants who have never been granted DACA protection it are not being accepted. Unprocessed applications are being sent back along with filing fees. This could change in the future based on the political climate but there is no guarantee. People who have received DACA previously can still apply for renewals.
As of now, DACA renewal and employment authorizations are only for a one-year period. In the past, they were for two years.
What is the timeframe for renewing DACA?
Requests to renew DACA should be filed between 150 and 120 days before the current grant expires. USCIS warns on its website that renewal requests made sooner than that will be rejected.
If DACA goes away, what other options are there?
Some people may be able to gain legal status and avoid deportation through sponsorship by a relative or employer. Every situation is different. It can be helpful to speak with an immigration attorney about potential options based on your circumstances.
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