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ANSWERS TO QUESTIONS ABOUT ROLL BACK OF PROTECTION UNDER THE DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

Sharlene Sharmila Richards

Sharlene Sharmila Richards

Q: I understand that the 2012 DACA program introduced by President Barack Obama has been rescinded by President Trump. I have less than one year of validity under my Deferred Action form Childhood Arrivals as my Employment Authorization Card and DACA protection will expire on 08/27/2018. What happens after that? Can I apply now to extend it for a further two years beyond 08/27/2018? My Employment Authorization has enabled me to work for a large accounting company. I was brought here when I was three months old and I have never been back to my parents’ home country. They have both passed away and I do not have any relatives in that country. I am extremely distressed about this. Will I be deported?
A: The announcement made by President Trump to end DACA leaves many DACA recipients with a very difficult dilemma. Following President Trump’s rescission of DACA, only DACA recipients whose status will be expiring between September 5th, 2017 and March 5th, 2018 may apply to renew for the final two years. These applicants must submit their application to renew no later than October 5th, 2017. For all other recipients, they will continue to have this deferred action until their status under the DACA expires. It is unclear what will happen to those whose status under DACA has ended. At the present moment, President Trump has indicated that he will ‘revisit the subject” if Congress does not legislate on this matter. My advice is to wait and see what transpires in the next few months.
Q: I just turned 16 years of age and wish to apply for DACA for the first time. Is it too late to apply?
A: Yes it is. Because the policy has been rescinded on 09/05/2017, USCIS will no longer accept any initial DACA applications and the associated Employment Authorization Card applications.
Q: I already filed for renewal of my DACA status for a further two years. The I-797 receipt notice shows that my case was filed on 09/06/2017 and my DACA protected status will expire on 01/24/2018. Will my case continue to process?
A: Yes, it will continue to be processed by USCIS as your status is not set to expire until 01/24/2018. Only individuals whose DACA status will expire on 03/06/2018 and beyond will no longer be permitted to file for renewals.
Q: What is the current Filing Fee for renewal of DACA status and the Employment Authorization?
A: The Filing Fee is $495.00.
Q: I wish to file Form I-131 Application for Advance Parole to travel for humanitarian reasons. Can I file that application now? I have DACA valid until 09/30/2018.
A: The Memorandum on Rescission of Deferred Action for Childhood Arrivals dated 09/05/2017 issued by the Department of Homeland Security appears to state that USCIS will no longer be accepting any Form I-131 Applications for Advance Parole under the DACA program. If you have just sent it in, it is our understanding that USCIS will return the application and refund the fees.
Q: I just received my advance parole under DACA to travel in October 2017 for two weeks for employment. Can I still use this document to travel as planned?
A: Under the DHS Memorandum dated 09/05/2017, USCIS will generally honor the stated validity period for all previously approved applications for advance parole but have specifically stated that Customs and Border Protection will retain the authority to determine the admissibility of individuals presenting such a document at the border seeking admission under parole as DACA parolee.
Q: If my DACA expires, will I be deported because I am undocumented?
A: Before an individual can be removed from the United States, the individual will be given an opportunity to seek defensive relief in the Immigration Court. There are various forms of relief against removal depending on the circumstances of the individual. An immigration attorney will be able to advice what kind of relief is available in the event of being placed in removal.

Disclaimer: Any advice provided in this article is general in nature and not intended to constitute legal advice for any specific case. Please consult with an immigration lawyer about the specific circumstances of your case.
My Bio
Sharlene Sharmila Richards is a licensed Immigration lawyer practicing in Houston, Texas. She is a member of the American Immigration Lawyers Association. She was admitted to the New York State Bar in 2000 and is a member of the 5th Circuit Court of Appeals and a member of the US Supreme Court. You may contact her at telephone number 713-623-8088 or by email at srichardslaw@aol.com to schedule a free consultation to discuss your case.


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