Lebedinski Law, P.C. IMMIGRATION AND NATIONALITY LAW
Lebedinski Law, P.C.IMMIGRATION AND NATIONALITY LAW

Deferred Action for Childhood Arrivals (DACA)

You may request consideration of DACA if you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Had no lawful status on June 15, 2012, meaning that:
  6. You never had a lawful immigration status on or before June 15, 2012, or
  7. Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;
  8. 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 or Armed Forces of the United States; and
  9. Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

 

On June 5, 2014, U.S. Citizenship and Immigration Services (USCIS) announced the renewal process for hundreds of thousands of young noncitizens who received a grant of Deferred Action for Childhood Arrivals (DACA). Renewal of DACA ensures current DACA holders will continue to be safe from deportation for another two year period.  In addition, they will continue to have work authorization and to be eligible to receive a social security number, and, in nearly every state, a driver’s license.

 

USCIS has made clear that individuals who initially qualified for DACA will be eligible to renew unless they engaged in certain criminal activity, departed the country without the government’s permission, or stopped residing in the United States. No one with DACA will be too old to renew – indeed, as previously explained, it is impossible to age-out of the DACA program. Moreover, individuals enrolled in school at the time of their initial application will not be disqualified if they had to stop attending to see to other life responsibilities.

 

Timing will be key for renewal requestors who don’t want their DACA to lapse.  A lapse in DACA could result in a loss of work authorization and a driver’s license. To avoid these and other severe consequences, DACA recipients are encouraged to apply for renewal roughly four months before their expiration dates. This should give USCIS ample time to adjudicate the renewal request.  And, according to USCIS, those who responsibly file far enough in advance of their expiration date may be given an automatic extension in the event of a processing delay.

 

1.15 million potential DACA applicants who have not yet filed an initial application should not mistakenly conclude that the application period has ended. Indeed, the agency continues to accept roughly 10,000 new applications each month. Moreover, neither the administration nor USCIS has ever indicated that DACA would sunset, though some members of Congress have attempted to defund the program. Initial registration remains open.

 

DACA News

In response to the injunction in Texas v. United States, USCIS is requiring the approximately 2,000 individuals to whom 3-year EADs were issued after the injunction to return their EADs to USCIS.

Note that this does not affect EADs that were issued before the injunction.

 

USCIS has sent letters to affected DACA recipients. The first letter instructs the recipient to return the 3-year EAD and makes it clear that only 3-year EADs issued after February 16, 2015 need to be returned to USCIS. The second letter was is being sent to those affected individuals who have not yet returned their 3-year EADs, stating "USCIS must receive your EAD by 7/17/15. Failure to return the invalid EAD without good cause may affect your deferred action and employment authorization."

 

 

24725 West 12 Mile Road

Suite 110

Southfield, MI 48034

Phone: +1 248-663-5150

E-mail: SL@VisasTo.US

 

Or use our contact form.

For changes of address, Form AR-11 must be sent to the following address OR submitted online at www.uscis.gov:  DHS/USCIS, Harrisonburg File Storage Facility, Attn:  AR-11, 1344 Pleasants Drive, Harrisonburg, VA 22801.

 

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LEGAL DISCLAIMER

The information on this Michigan Immigration Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Law office with practice exclusively in Immigration and Nationality Law.  Serving clients in Oakland, Macomb, Wayne, Livingston counties, throughout the State of Michigan and other states.  Office located in Berkley, Oakland County; however, clients travel to meet with Svetlana Lebedinski from the cities throughout the Metro Detroit area, western Michigan and the adjacent states of Ohio and Illinois.  Full services Immigration Law Firm serving Farmington Hills, West Bloomfield, Novi, Troy, Detroit, Hamtramck, Downriver, Commerce Twp, Walled Lake, Pontiac, Livonia, Ann Arbor, Ypsilanti, Howell, Wixom, Utica and beyond.

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