Tourist visas have the opportunity to modify their status through legal channels and continue in the United States without any difficulties.
What Is DACA?
DACA stands for ‘Deferred Action for Childhood Arrivals’. It was an immigration policy established in 2012 by then president Barack Obama. Its purpose was to help immigrants who arrived into the United States when they were children, and who had reached a relatively high education level. This policy emerges out of the inability of the government to approve a comprehensive immigration reform that could protect from deportation those people who arrived into the United States during their childhood.
Thanks to this policy, the Department of National Security sent a memorandum stating that it did not need to be approved by Congress. And so, DACA was born. The purpose was to ease the process for those immigrants who had lived most of their lives in the US, give these young people access to higher education, and help them to have a better quality of life.
- Yes. The court order has not impacted or changed the filing process for DACA renewals. If there is a change to the effectiveness or scope of the court’s order, USCIS will publish revised information.
Should I renew early?
- USCIS strongly encourages DACA recipients to file their renewal requests 120 to 150 days (four to five months) before the expiration of their current DACA validity period.
Unfortunately, DACA, the current immigration policy, is no longer in force. In 2017, new applications for DACA were suspended, as part of the immigration reform policies taken by the Trump administration, who promised to be more severe with undocumented immigrants.
One of the main reasons given as for why DACA was suspended, is that it was considered unconstitutional, since it was not debated or approved by Congress, since it was an action taken exclusively by the executive power alone, meaning Barack Obama.
At the same time, it was argued that DACA had indirectly increased the arrival of minors through the US southern border, these new immigrants were hoping to take part in the program and could eventually live in the United States legally.
It had serious humanitarian consequences for these people, and it worsened the issue of immigration all around the country.
Another excuse to suspend this policy was that immigrants started getting stable and well-paid jobs. This means that many American citizens were rejected from these jobs because there was a whole new supply of immigrant workers to choose from.
Generally speaking, they came to the conclusion that it was necessary to settle the “immigration issue” in a more effective way. By setting a limit to the number of immigrants every year, and being more strict with the people who want to enter into the United States by opting for getting permanent residence.
DACA had the power to benefit all undocumented immigrants who arrived in the United States before they turned 16 years old, and who by the time of its start (June 2012) would be under 31 years of age.
About 2 million young people met this criterion, according to the immigration policy Institute. However, there were only around 800,000 approved petitions before the policy was suspended. The main reason given for why there were more than one million people decided not to take part in the program was fear of a sudden change in immigration law.
Basically, people were afraid that if there was a change with DACA, the authorities could easily locate them using the information that they would have to provide. Consequently, although 2 million people could have benefited from DACA, less than half actually did.
If you have been convicted of a felony offense, a significant misdemeanor offense, or three or more other misdemeanor offenses not occurring on the same date, you will not be considered for Deferred Action for Childhood Arrivals (DACA) except where the Department of Homeland Security (DHS) determines there are exceptional circumstances.
DACA was a policy that sought to avoid young undocumented immigrants from the United States who arrived in their infancy. This does not mean that after taking part in the program there is an actual definite solution before the lack of visa, residence, or another form of legal status. There are many significant differences between getting an immigrant visa to live in the U.S., and having DACA.
There are many significant differences between getting an immigrant visa to live in the United States, and having DACA. A visa is a legal permit to enter the U.S. Once this permit expires, you can renew it, or even find a path to permanent residence, depending on your case. DACA, on the other hand, starts with a person who already has an illegal status in the US. These people did not have the same legal stability as those who have a visa.
This is because U.S. visas are limited in regards to rights and responsibilities. DACA, on the other hand, tried to temporarily solve the problem of all undocumented immigrants, while a comprehensive legislative solution was to be found. A work permit is a work permit, but it can also give you a path to obtain a Green Card. According to USCIS, those who have “exclusive abilities” can benefit from that provision, but to get this you will need a “Labor Certification”. Notify the judge that you want a bail hearing. In the notification letter, you should include your name, immigration case number, and hearing petition.
After September 5th, 2017, no more DACA applications were accepted, by the order of Donald Trump’s administration. From 2017 up to now, Congress and the Supreme Court have not reached an agreement about what to do about those benefits granted to Dreamers. The United States president, Donald Trump, has been asking Congress to pass legislation that would allow people who arrived in the United States when they were children, not to be deported, no matter whether they were DACA beneficiaries or not.
In exchange, he has also proposed being more strict with immigration policy in the country, so that the problem with immigration may not get any worse. For the time being, the only thing that we know is that the Supreme Court is expected to decide whether it is lawful that the president finishes the DACA program.
In the meantime, DACA beneficiaries still have all of the program’s benefits, which means that they can study and work without any problems within the United States territory. Dreamers will have to wait for the Supreme Court’s decision in order to find out whether the program protects them against deportation, and allows them to lead normal lives in the country.
What Were The Requirements To Be Part Of The DACA Program?
Since DACA was a program that mainly benefited young people, not everyone could apply to benefit from this policy. In fact, there were quite a few requirements that the applicant had to meet in order to be admitted into the program:
- Were under the age of 31 as of June 15, 2012
- Have arrived in the United States before they were 16 years old.
- Have lived uninterruptedly in the United States for at least 5 years.
- Be physically present in the country at the time when they applied to enter into the DACA program.
- Not to have legal status in the United States.
- Be a student in any institution, have graduated, or have a High School Diploma.
- Not to have been convicted of a felony, a meaningful misdemeanor, or 3 misdemeanors in the United States.
Once it was proved that a person met all of these requirements, his or her application was processed and then approved without further complications. On the other hand, if it was proved that an applicant did not meet any of the requirements, the application was rejected.
There is no expedited processing for DACA. Dishonest practitioners may promise to provide you with faster services if you pay them a fee to expedite. These people are trying to scam you and take your money. Make sure you seek information about requests for consideration of DACA from official government sources such as USCIS or the DHS. It is always advisable to consult an Inmigration attorney to guide you through the entire DACA process.
Criminal law attorneys can address your particular legal needs, explain the law, and represent you in court.
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