Thursday, November 17, 2016

Points to keep in mind about DACA

President elect Donald Trump has threatened to get rid of the DACA program that was started by President Obama.  Here are some important points to keep in mind about the current state of the DACA program.   
  1.   DACA still stands.  Donald Trump cannot do anything to stop the program until he becomes president on January 20, 2017. Until that day, the program is still in effect. 
  2.        Are you planning on applying for DACA for the first time?  It is best to wait to see what will happen with the program.  Unfortunately, the application will be processed after Trump’s presidency begins.  If the DACA program is canceled, the application will be denied.
  3.        Were you approved for Advanced Parole?  It is best to use the Advanced Parole as soon as you can, and make sure to return BEFORE January 20, 2017.
  4.        Are you planning on applying for advanced parole?  Unfortunately, these applications also take long to process and will not be processed until after Trump’s presidency begins.  If Trump cancels DACA or Advanced Parole, your application will be denied.
  5.        Are you planning on renewing your DACA?  If you work permit expires in the next five months, renew your DACA as soon as possible, preferably before the end of November.  USCIS is trying to process renewals within 8 weeks.
  6.        Know that there are other options: 
a.       You may qualify for a U-Visa if you have been the victim of a violent crime.
b.      You may qualify for your residency if you are married to someone who is in the U.S. military (Marines, Army, Navy, Air Force, Coast Guard).
c.       You may be protected under section 245(i) of the immigration code if a petition was filed for you or your parents before April 31, 2001 and you were in the US on December 20, 2000.  This allows you to process a residency petition in the United States.