What Steps Should Be Taken If Your DACA Status Is in Jeopardy?

Are You a DACA Recipient?

Deferred Action for Childhood Arrivals, or DACA for short, remains an essential lifeline for qualifying undocumented immigrants who arrived in the USA as children by June 15, 2007.  The DACA regulations allowed eligible undocumented immigrants, known as DREAMers, to avoid deportation and secure a work permit, driver’s license, and Social Security number, enabling them to legally live and work in the United States. Every DACA approval is good for two years, provided that the recipient follows basic requirements but must renews their status on time!  It is important to understand that the DACA program is NOT the same thing as obtaining lawful permanent residence; it is NOT a green card. Also, there is no pathway to citizenship through the DACA program.

There are several benefits to remaining a DACA recipient. These include the following:

•         Access to education
•         Driver’s licenses and state ID
•         Healthcare access
•         A very limited path to immigration relief
•         Limited protection from deportation
•         Protection of status
•         Renewability
•         Social Security number
•         Work authorization
•         And the benefit of increased social and economic integration with US society

If you are interested in the DACA program, it is essential that you retain professional legal counsel from an experienced immigration attorney. There are many requirements, documents, and laws to consider when applying for or renewing DACA status. Our Chicago based law firm, which also has offices in Lake Forest and Milwaukee, has extensive experience representing DACA recipients facing challenges to their cases and the prospect of losing their DACA status. To learn more about our legal services and how we may be of assistance to you during this difficult time, contact our law office to schedule your in-depth strategy session today.

Is the DACA Program in Jeopardy?

Ever since the creation of the DACA program, its recipients have been on a roller coaster of policy changes with every incoming presidential administration. Originally implemented on June 15, 2012, the program provided eligible young individuals temporary relief from deportation and allowed them to pursue opportunities and earn a living in the United States of America. While the DACA program is not a permanent solution, it has nonetheless provided access to basic freedoms to more than 800,000 young people across the nation.

However, many DACA recipients describe their status in the United States as life in limbo. In 2017, the presidential administration at that time started a clock to phase out the program. Despite this, fights from various district courts ordered that the federal government must continue receiving and considering DACA renewal applications, even though new applications are no longer accepted. Since then, new lawsuits, particularly one from the State of Texas, have challenged Presidential executive power approved by Congress in an effort to end the program for good. As a result, the fate of the DACA program is in jeopardy.

When Should You File for Your DACA Renewal?

United States Citizenship and Immigration Services (USCIS) recommends that DACA recipients submit their renewal requests between 120 and 150 days (four to five months) before the expiration date on their DACA approval notice. Filing within this window of time reduces the risks of your DACA status expiring before you receive a decision on a renewal. Filing earlier than 150 days before expiration does not necessarily result in a faster decision.

DACA recipients have the option to submit renewal requests online.

The USCIS’s goal is to process renewal requests within approximately four months of receiving them. After your renewal request has been pending for more than 105 days, you may submit an online inquiry about the status of your request.

What Can You Do if Your DACA Renewal is Delayed?

Processing times vary depending upon the service center handling your renewal case. If you have submitted a renewal application but are worried because your DACA status and work authorization may expire before they are renewed, it is essential that you take various steps to protect your status and encourage USCIS to process your renewal more quickly. If your DACA status lapses for several weeks or months, you may lose your legal rights to work and reside in the country.

Follow these steps to keep tabs on your DACA renewal application:

•         Check your renewal status and case status online. You can monitor your case’s status by using the USCIS website and their My Case Status tool at www.uscis.gov.
•         Hire an immigration attorney. Immigration lawyers have years of experience handling DACA cases and would be proud to assist you with yours
•         Submit an outside normal processing time inquiry to the National Customer Service Center (NCSC) 800 number. This may be done if the renewal processing time is pending for a length of time outside the normal expected window.
•         Contact the USCIS ombudsman’s office. This should only be done after you have contacted USCIS and documented all of your previous inquiries about the delay.
•         Contact your Congressional representative if the Ombudsman’s office is unable to resolve the matter. Renewal applicants who have not had success getting a response from USCIS are encouraged to contact their congressional representatives for assistance.  Consider reviewing the response from the Ombudsman with an experienced immigration attorney before contacting a Congressional representative’s immigration aide.

What Happens to DREAMers if They Lose Their DACA Status?

There could be severe consequences for DACA recipients who lose their legal status in the United States. In the majority of states, DACA recipients will lose their driver’s licenses if they lose their DACA status. However, it should be worth noting that this does not apply to California, Colorado, Connecticut, and Illinois residents.

Higher education will become less accessible to young people who lose their DACA status. Access to professional and occupational licenses will also be further limited.

If you lose your DACA status, you will start accruing unlawful presence, which could ultimately result in the loss of work authorization and deportation.

What Does it Mean if Your Initial DACA Request is Currently Pending?

USCIS is no longer allowed to approve initial DACA requests for employment authorization while the orders from the US District Court for the Southern District of Texas are still in effect. If your initial DACA request is pending with USCIS, it will remain on hold in order to comply with court orders.

For now, the government is holding timely filed cases instead of outright rejecting them or closing them. While they are being left on hold, they will remain pending, so it is important that you update the address on your application with U.S.C.I.S.

What Are Common Mistakes DACA Recipients Make That Could Endanger Their Immigration Status?

If you are a DACA recipient, various missteps could jeopardize your status.

These include, but are not limited to, the following:

•         Any use of marijuana, regardless of the legality of the drug in your state

Any employment with a marijuana dispensary or business that manufactures or promotes cannabis products

•         Being convicted of a criminal offense of domestic violence
•         Driving under the influence of drugs or alcohol
•         Failure to disclose any previous arrest on your DACA application, regardless of whether or not the charges were later dropped
•         Have been convicted of a felony, a misdemeanor described 8 CFR 236.22, or three or more misdemeanors
•       Being deemed to pPose a threat to national security or public safety
•         The possession or purchase of a firearm

Can Your DACA Grant Be Terminated?

The Department of Homeland Security may opt to terminate your DACA grant at any time at its own discretion. However, most DACA cases provide recipients with a Notice of Intent to Terminate, giving the recipient an opportunity to respond before the termination of a grant.

If you have received a Notice of Intent to Terminate, contact our law firm for legal assistance.

Schedule a one hour Strategy Session with an Experienced Immigration Attorney in Chicago, IL, Today

If your DACA status is in jeopardy, it is essential that you retain professional legal counsel from experienced immigration attorneys. Our legal team has extensive experience in immigration law and would be proud to assist you as you seek the most optimal outcome to your case possible. The DACA program and its recipients are under threat as laws and policies constantly shift around them with changing Presidential administrations. It is important to have legal help from lawyers familiar with the changing laws, regulations, and legal interpretations so that they can assist you with these matters.

Whether you want to renew or file your initial application, your options may be limited, but help is always available. Contact our Chicago-based law firm for more information on how we can assist you during this difficult time and help you reach a satisfactory conclusion to your case.

Call 312-728-4610!