IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 739-0438 and (973) 621-9300: RESCISSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVA...

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 739-0438 and (973) 621-9300: RESCISSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVA...: LAW OFFICES OF NORKA M. SCHELL, LLC 17 STATE STREET, 40 FLOOR SUITE 4000 NEW YORK, NEW YORK 10004 TEL. (212) 258-0713  (973) ...

RESCISSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS QUESTIONS AND ANSWERS

LAW OFFICES OF NORKA M. SCHELL, LLC

17 STATE STREET, 40 FLOOR

SUITE 4000

NEW YORK, NEW YORK 10004

TEL. (212) 258-0713 

(973) 621-9300

 Website: www.lawschell.com 

Q. WILL USCIS SHARE THE PERSONAL INFORMATION OF INDIVIDUALS WHOSE PENDING REQUESTS ARE DENIED PROACTIVELY WITH ICE FORM ENFORCEMENT PURPOSE?

- Generally, information provided in DACA requests will not be proactively provided to another law enforcement entities (including ICE and CBP) for the purpose of immigration enforcement proceedings unless the requester poses a risk to national security of safety, or meets the criteria for the issuance of the Notice of Appear of referral to ICE under the criteria. This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon the create any right or benefit, substantive or procedural, enforceable by law by any party in any administrative, civil or criminal matter.

Q. CAN DEFERRED ACTION RECEIVED PURSUANT TO DACA BE TERMINATED BEFORE IT EXPIRES?

- Yes. DACA is an exercise of deferred action which is a form of prosecutorial discretion. Hence, DHS will continue to exercise its discretionary authority to terminate or deny deferred action at any time when immigration officials determine termination or denial of deferred action is appropriate.

Q. CAN DACA RECIPIENTS WHOSE VALID EAD IS LOST, STOLEN OR DESTROYED REQUEST A NEW EAD DURING THE PHASE OUT? 

- If an individual’s still-valid EAD is lost, stolen, or destroyed, they may requests a
replacement EAD by filing a new Form I-765.

Q. WILL DACA RECIPIENTS STILL BE ABLE TO TRAVEL OUTSIDE OF THE UNTID STATES WHILE THEIR DACA IS VALID? 

- Effective September 5, 2017, USCIS will no longer approve any new Form I-131, Application for Advance Parole under the standards associated with the DACA program. Those with current advance parole validity period from a previously-approved advance parole application will generally retain the benefit until it expires. However, CBP will retain the authority it has always exercised in determining the admissibility of any person presenting at the border. Further, USCIS retains the authority to revoke or terminate an advance parole document any time.

Q. WHAT HAPPENS TO INDIVIDUALS WHO HAVE PENDING REQUESTS FOR ADVANCE PAROLE TO TRAVEL OUTSIDE IF THE UNITED STATES?

- USCIS will administratively close all pending Form I-131 application for advance parole under standards associated with the DACA program, and will refund all associated fees.

Q. HOW MANY DACA REQUESTS ARE CURRENTLY PENDING THAT WILL 
BE IMPACTED BY THIS CHANGE? DO YOU HAVE A BREAKDOWN OF 
THESE NUMBERS BY STATE? 

There were 106,341 requests pending as of August 20, 2017 – 34,487 initial requests and 71,854 renewals. We do not currently have the state-specific breakouts.

Q. IS THERE A GRACE PERIOD FOR DACA RECIPIENTS WITH EADs THAT 
WILL SOON EXPIRE TO MAKE APPROPRIATE PLANS TO LEAVE THE 
COUNTRY? 

As noted above, once an individual’s DACA and EAD expire – unless is the limited class of beneficiaries above are found eligible to renew their benefits – the individual is no longer considered lawfully present in the United States and is not authorized to work. Persons whose DACA permits will expire between September 5, 2017 and March 5, 2018 are eligible to renew their permits. No persons should lose benefits under this memorandum prior to March 5, 2018 if they properly file a renewal request and associated application for employment authorization.

Q. CAN YOU PROVIDE A BREAKDOWN OF HOW MANY DACA EADS EXPIRES IN 2017, 2018, AND 2019?

From August through December 2017, 201,678 individuals are set to have their DACA/EADs expire. Or these individuals, 55,258 already have submitted requests for renewals of DACA to USCIS.


Q. WHAT WERE THE PREVIOUS GUIDELINES FOR USCIS TO GRANT DACA?

Individuals meeting the following categorical criteria could apply for DACA if they:
• Were under the age of 31 as of June 15, 2012;
• Came to the US before reaching their 16th birthday;
• Have continuously resided in the US since June 15, 2007, up to the present time;
• Were physically present in the US on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS;
• Had no lawful status on June 15, 2012;
• Are currently in school, have graduated, or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an
        honorably discharged veteran of the Coast Guard of Armed Forced of the United States; and
• Have not been convicted of a felony, significant misdemeanor, three of more other misdemeanors, and do not otherwise pose a threat to national security or public safety.