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Posted by on in Immigration and Firm News
Fate of DACA Still Unclear When the Trump administration announced that the Deferred Action for Childhood Arrivals (DACA) program would be terminated, they directed the U.S. Department of Homeland Security (DHS) to reject all initial applications received after September 05, 2017, and reject all renewal applications filed after October 05, 2017. We now find ourselves over a year later and the overall fate of the DACA program remains unclear. Previous DACA recipients may still continue to

Posted by on in Immigration and Firm News
DHS Rescinds the DACA Program On September 5, 2017, the Department of Homeland Security (DHS) formally rescinded the Deferred Action for Childhood Arrivals (DACA) program established under the Obama Administration. The decision to rescind the program was announced by Attorney General Jeff Sessions and the DHS subsequently issued Frequently Asked Questions (FAQs) on its website regarding the terms of the rescission of the DACA program This rescission will have immediate and significant consequences for those who
Unofficial reports that President Trump will end DACA program in 6 months On Sunday, September 03, 2017, Politico.com reported that the White House has “unofficially confirmed” that the Trump Administration will end the Deferred Action for Childhood Arrivals (DACA) program, with a six-month delay. As of today, it is unclear whether this reported decision to end the DACA program is confirmed. ' Also unclear is the timeline and terms for termination of the program. Another major open question is whether those with DACA

Posted by on in Immigration and Firm News
Equally Divided Court Today, the United States Supreme Court dismissed the United States v. Texas case, a case revolving around the President's 2014 deferred action program for DAPA and expanded DACA. The decision allows the lower court's injuction to stand. It is sad and disheartening news for the immigrant community. A 4-4 decision created a deadlock for the Court, and no formal opinion was given on the merits of the case. The Court's Order simply

Posted by on in Immigration and Firm News
U Visa Case Delays Cases for U non-immigrant status are taking an abnormally long time to process with USCIS currently. The backlog is frustrating for applicants and attorneys, alike. The delays are attributed to many factors, including an increase in petitions, a cap on visa limits, and a large backlog at the Vermont Service Center of USCIS. U non-immigrant status is available to foreigners who have been victims of certain crimes. Waivers available under the
Anxiously Awaiting the Supreme Court’s DAPA Decision Immigration attorneys and undocumented immigrants across the country are anxiously awaiting the Supreme Court’s decision in United States v. Texas, a landmark case implicating the President’s authority to grant discretionary immigration benefits, such as deferred action. The decision is expected sometime in June. The case revolves around the President’s November 20, 2014 executive actions, which included deferred action for parents of United States citizens and permanent residents. The program, called Deferred
U.S. Supreme Court to Review Obama’s Executive Action - DAPA and DACA Expansion On January 18, 2016, the U.S. Supreme Court announced it will hear United States v. Texas. This means that the Supreme Court weigh in on the legality of President Obama’s executive action on immigration, specifically the expansion of “deferred action” to certain parents of U.S. citizens and residents (Deferred Action for Parents of Americans & Residents – “DAPA”), as well as to individuals who were brought to the United States as
DACA 3-Year Approvals Reduced to 2 Years In the wake of the pending litigation and injunction in Texas regarding the new deferred action programs for students and parents, a federal judge has ordered USCIS to be in full compliance of an injunction he previously issued. There are thought to be approximately 2,000 employment authorization documents (EAD’s) circulating that are not in compliance. Over the past several weeks, USCIS has been sending notices to DACA recipients who are affected.
Today, the Fifth Circuit Court of Appeals announced a decision to maintain the hold in place on the current DAPA program, pending litigation in Texas. This spring, Texas and various other states sued to keep this program from happening, alleging that it would economically harm those states. A federal judge in Texas agreed, and halted the program until a full hearing could take place on the program. Attorneys for the Department
We are patiently and optimistically waiting for the Fifth Circuit Court of Appeals to make a decision on whether to allow the Department of Homeland Security to implement the DAPA and expanded DACA programs while the Courts decide whether the DAPA and DACA programs themselves are legal. On November 20, 2014, President Obama announced that his administration would implement a Deferred Action program for Parents of American Citizens and Residents (DAPA)
On February 16, 2015, a federal judge in Texas issued a preliminary injunction that temporarily halts the implementation of the expansion of the Deferred Action for Childhood Arrivals (DACA) and the Deferred Action for Parents of Americans & Residents (DAPA) programs. The expansion of DACA and the DAPA programs were announced as a part of President Obama’s Executive Immigration Action plan on November 20, 2014. Effect of the Temporary Injunction on
USCIS’s preview instructions for the updated DACA request form, Form I-821D, show that DACA requesters may additionally apply for advance parole at the same time as filing for DACA. This appears to be available for both initial requesters and DACA renewals. Effectively, this means that DACA requesters will not have to wait until their DACA request is approved to send in their advance parole (travel permit) filing. Both packets can be
On June 15, 2012, President Barack Obama announced Deferred Action for Childhood Arrivals (DACA), a program that allows individuals who were brought to the United States when they were under age 16, to apply for Deferred Action and Employment Authorization if they had resided in the United States for at least 5 years, were enrolled in school in the United States or had graduated from school, did not have any serious
The U.S. Citizenship and Immigration Service (USCIS) has announced that applications for the expansion of Deferred Action for Childhood Arrivals (DACA) will be available starting February 18, 2015. On June 15, 2012, the Obama Administration initially announced DACA as a program to benefit a group commonly referred to as the “DREAMERs” - children who were brought to the United States at a young age and grew up in this country but
Op-Ed by Jennifer Casey: An immigration attorney’s plea to the media - Stop using the 'L' word Senior Associate Attorney Jennifer Casey was recently published in an opinion piece featured on Fox News Latino. Jennifer addressed the media’s frequent mischaracterization of President Obama’s Executive Action on Immigration as “Legalization.” Jennifer's Op-Ed is copied below, and can be found on Fox News Latino's website here: http://latino.foxnews.com/latino/opinion/2014/11/24/opinion-immigration-attorneys-plea-to-media-stop-using-l-word/ ******************************************************************************** Opinion: An immigration attorney’s plea to the media: Stop using the 'L' word By Jennifer Casey- Published November 24, 2014 - Fox
On November 20, 2014, President Obama announced a range of executive measures that the administration will take to improve the functioning of the United States immigration system. As a part of these measures, the administration is changing the eligibility requirements for the Deferred Action for Childhood Arrivals (DACA) program to increase the number of individuals who are eligible to apply. DACA was first announced on June 15, 2012 as an administrative
President Obama Announces Deferred Action for Parental Accountability (DAPA) Program On November 20, 2014, President Barack Obama announced the implementation of a wide range of administrative measures that the administration will undertake in an effort to improve the functioning of the American immigration system. One of the initiatives announced by the President is the Deferred Action for Parental Accountability (DAPA) Program.  This program provides temporary immigration benefits to certain parents of U.S. citizen and lawful permanent resident children. In order to
Early last week, the President addressed immigration reform from the Rose Garden of the White House. Clearly frustrated by Congressional inaction, the President indicated that he would move forward using his existing legal authorities, to “fix as much of our immigration system” as possible. The White House was informed in late-June that the Speaker of the House of Representatives would not move immigration reform legislation to the floor of the

Posted by on in Immigration and Firm News
USCIS announced the renewal program for those who have received deferred action under the Deferred Action for Childhood Arrivals (“DACA”) program, which began in 2012. USCIS is prepared to accept DACA renewals immediately. To renew, a requestor must continue to be eligible for the program and have not committed any disqualifying crimes. Any new evidence should also be submitted but requestors will not, in most cases, need to send in
With Congress in a standstill in recent months on comprehensive immigration reform, the White House has asked the Secretary of Homeland Security, Jeh Johnson, to review current enforcement priorities in Washington. Secretary Johnson is reported to be in the midst of a thorough review of immigration law and agency memoranda regarding current practices by the Department of Homeland Security. Many immigration practitioners expect DHS to implement a new discretionary program, similar

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