Articles Posted in DACA/DAPA

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DACA Renewal E-Filing is here!

Exciting news is on the horizon for those filing a renewal of their deferred action under the Deferred Action for Childhood Arrivals (DACA)!

This week, the United States Citizenship, and Immigration Services (USCIS) announced that applicants will now be able to file their applications online on Form I-821D, Consideration of Deferred Action for Childhood Arrivals. Additionally, renewal applicants may also file applications to renew their Employment Authorization Document (EAD) online by filing Form I-765 Application for Employment Authorization and the Form I-765 Worksheet.

This move will now make it easier for applicants to obtain a renewal of their status faster and more efficiently.

While the agency hopes to expand the possibility of electronic filing to a broader pool of applicants in the future, the e-file option is currently only available for individuals who have been previously granted DACA.

The e-filing option is expected to help reduce the substantial backlogs at the USCIS level. Currently, USCIS receives nearly half a million Form I-821D DACA requests every fiscal year, and processes more than 8.8 million requests for immigration benefits. As time has gone on, the agency has allowed online filings to streamline the application process.

How can you file online?


DACA renewal applicants who wish to file Form I-821D and Form I-765 online, must first create a USCIS online account, to submit their forms, pay fees and track the status of any pending USCIS immigration request throughout the adjudication process. There is no cost to set up an account, and one of the added benefits is that applicants have the ability to communicate with USCIS through a secure inbox and respond online to Requests for Evidence received.

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Happy Valentine’s Day! Welcome back to Visalawyerblog. In this blog post, we share with you some important updates in the world of immigration. But first, we hope you are having a wonderful holiday spent with friends and loved ones.


What’s New?


USCIS Updates its Guidelines to Increase Validity Period of Employment Authorization Documents for Certain Applicants


Last week, the U.S. Citizenship and Immigration Services announced new updates to its policy changing the maximum validity period granted to certain individuals applying for Employment Authorization Documents (EADs), also known as work permits.

Effective February 7, 2021, USCIS has announced that it will generally grant new and renewed EADs valid for a 2-year validity period to applicants in the following categories:

  • Admitted as a refugee (a)(3);
  • Granted asylum (a)(5);
  • Granted withholding of deportation or removal (a)(10); and
  • VAWA self-petitioner (c)(31).

USCIS will also be granting new and renewed EADs up to the end of the parole or deferred action period to applicants in the following categories:

  • Paroled into the United States for urgent humanitarian reasons or significant public benefit (c)(11); and
  • Granted deferred action (non-DACA) (c)(14).

This benefit will apply to those in the impacted categories seeking new and renewed EADs issued on or after February 7, 2022. EADs issued on or after this period will reflect the updated 2-year validity period. EADs issued prior to February 7, 2022, will not benefit from the change.


Why the change?


USCIS has said that this validity period extension will help ease processing backlogs because these applicants will no longer need to apply to renew their EADs every year. It will also help prevent interrupts in employment authorization.

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This week brings positive immigration news indeed. We are happy to report that the United States Citizenship and Immigration Service (USCIS) has updated its policy guidelines regarding validity periods for Employment Authorization Documents (EADs) for asylees and refugees, noncitizens with withholding of deportation or removal, noncitizens with deferred action, parolees, and Violence Against Women Act (VAWA) self-petitioners.


What is the new policy all about?


In the new policy alert, USCIS points out that under current guidelines the agency has been issuing initial and renewal Employment Authorization Documents (EADs) with a 1-year validity period, to asylees and refugees, noncitizens with withholding of deportation or removal, and VAWA self-petitioners.

Furthermore, in at least some cases involving deferred action or parolees, initial and renewal EADs are being issued for an even shorter duration, than that of the underlying deferred action or parole period, forcing applicants to file multiple applications for Employment Authorization to prevent employment gaps to cover their entire period of deferred action or parole.

The government is now recognizing its incredible inefficiency and is changing its policy to align with the Biden administration’s agenda. The USCIS policy manual has now been revised to state that initial and renewal EADs may be issued with a maximum validity period of up to 2 years for asylees and refugees, noncitizens with withholding of deportation or removal, and VAWA self-petitioners. For deferred action and parolee applicants, USCIS will now issue EADs up to the end of the authorized deferred action or parole period for individuals seeking an EAD in these filing categories.

Please note that replacement EADs will not be affected by this policy change.  USCIS will continue to issue replacement EADs with the same validity date as the original EAD.


When is this new policy effective?


The updated policy guidance, contained in Volume 10, Part A of the USCIS Policy Manual, is effective as of today Monday, February 7, 2022.

Accordingly, USCIS will immediately apply the updated validity period guidelines to EADs issued for impacted categories on or after February 7, 2022.

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Welcome back to Visalawyerblog! We are happy to bring you the latest immigration updates recently announced by the United States Citizenship and Immigration Services (USCIS).


USCIS Guidance Following DACA Permanent Injunction in State of Texas, et al., v. United States of America, et al., 1:18-CV-00068, (S.D. Texas July 16, 2021)


USCIS has announced on its official webpage that consistent with the permanent injunction granted by the U.S. District Court for the Southern District of Texas on July 16, 2021, declaring DACA policy illegal, USCIS is prohibited from granting initial requests for first time DACA applicants, and accompanying requests for employment authorization.

However, USCIS will continue to accept both initial and renewal DACA requests but will not be able to adjudicate requests for first time DACA applicant’s pursuant to the court order.

Renewal filings for those who have received DACA benefits in the past, will continue unaffected by the court order, and USCIS will continue to adjudicate renewal requests, and accompanying renewal requests for employment authorization as before.

What’s next? The Department of Justice will be appealing the District Court’s decision and the Biden administration is urging Congress to pass the American Dream and Promise Act of 2021.

Read Biden’s Statement responding to the Court’s injunction here.


Applicants Filing Change of Status Applications to F-1 No Longer Need to Submit Subsequent Applications to ‘Bridge the Gap’


We are happy to report that USCIS recently ended the “Bridge the Gap” policy. Previously, prospective students with a current nonimmigrant status in the United States, that was set to expire more than 30 days before their F-1 program start date, were required to “Bridge the Gap,” by filing Form I-539 with USCIS to request an extension of their current status, or a change to another status ensuring that they would not have a “gap” in status.

Effective July 20, 2021, USCIS announced that individuals who have applied for a change of status to F-1 student, will no longer need to “Bridge the Gap,” while their initial F-1 change of status application is pending with USCIS.

To prevent a “gap” in status, USCIS has said that it will now grant the change of status to F-1 effective the day the applicant’s Form I-539, Application to Extend/Change Nonimmigrant Status is approved. If USCIS approves an application more than 30 days before the student’s program start date, the student must ensure they do not violate their F-1 status during that time (such as engaging in unauthorized employment, more than 30 days before the program start date as listed on the Form I-20.)

These changes have been introduced to decrease current backlogs and USCIS workloads. A revision of the Form I-539 instructions will soon be published to reflect these new policy changes.

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Source: Flickr, Attribution: mollyktadams

We are saddened to report that late Friday, July 16, 2021, Federal Judge Andrew Hanen of the United States District Court for the Southern District of Texas, granted the plaintiffs in the case, State of Texas, et al., vs. United States of America, et.al, a permanent injunction, pending ongoing litigation over the legality of the Deferred Action for Childhood Arrivals (DACA) program.

As a result, new first-time applications for the DACA program will no longer be approved by the United States Citizenship and Immigration Services (USCIS) following Judge Hanen’s ruling.  Friday’s decision in Texas v. United States is sure to be appealed, though there is a reasonable chance it will be upheld, especially by the conservative leaning Supreme Court of the United States.

In his ruling, Federal Judge Hanen declared that the Department of Homeland Security (DHS) violated the Administrative Procedure Act (APA) with the initial creation of the Deferred Action for Childhood Arrivals (DACA) program and its continued operation. Accordingly, he has ordered that the DACA Memorandum and the subsequent creation of the DACA program be vacated and remanded to DHS for further consideration.

This action removes protections from deportation for thousands of undocumented young adults who came to the United States as children, otherwise known as Dreamers, and casts doubt on the future of the program.

Judge Hanen specifically stated that his ruling does not impact the hundreds of thousands of DACA recipients and others who have relied on the DACA program for almost a decade. This means that while new first-time applications for DACA will no longer be adjudicated by USCIS, Hanen’s ruling will not impact current DACA recipients.

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The news we have all been waiting for is finally here. The Democratic controlled House of Representatives has taken a colossal step toward making comprehensive immigration reform a reality. On Thursday evening, members of the House voted along party lines to approve two legislative proposals that would create a pathway to citizenship for an estimated eleven million undocumented immigrants living in the United States, including Dreamers and farmworkers. These proposals are known as (1) the American Dream and Promise Act of 2021 and (2) the Farm Workforce Modernization Act of 2021.


What is the American Dream and Promise Act – H.R. 6?


The American Dream and Promise Act, also known as H.R. 6, creates an earned path to citizenship for more than two million Dreamers who were brought to the United States as children, as well as beneficiaries of certain temporary humanitarian programs including recipients of Deferred Enforced Departure (DED) and Temporary Protected Status (TPS). This proposal consists of


Title I: Dream Act of 2021


Title I of the Act would allow certain long-term residents who entered the United States as children to apply for conditional permanent resident status. Those who would obtain conditional permanent resident status would be considered lawfully admitted for permanent residence under the law.

Requirements

The American Dream and Promise Act would grant Dreamers conditional permanent resident status for 10 years, and cancel removal proceedings if they:

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Welcome back to Visalawyerblog! We kick off today’s post with very exciting news. Yesterday, February 18, 2021, President Biden unveiled new legislation that will create an 8-year earned path to citizenship for the millions of undocumented immigrants in the United States who were brought to this country as children.

While the bill faces an uphill battle in Congress, it is the start of the administration’s efforts to create new momentum to push parties on both sides of the aisle to fix our broken immigration system once and for all.


What does the new bill propose?


The new piece of legislation is based on the President’s immigration priorities as outlined during his first day in office.

While President Biden has been in office for less than one month, he is already moving forward with his most ambitious effort yet – introducing viable immigration proposals before Congress, that will counteract the past four years of harmful policies passed by his predecessor.

In a nutshell, the U.S. Citizenship Act of 2021, as it is known, seeks to create (1) an eight-year pathway to citizenship for nearly 11 million undocumented immigrants (2) a shorter process to legal status for agriculture workers and recipients of the Deferred Action for Childhood Arrivals program, and (3) establishes an enforcement plan that includes deploying technology to patrol the Southern border.

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The nation awoke with a new President of the United States, and although President Joe Biden has been in office for less than one day, his administration is already planning sweeping immigration reforms and policy changes that will unfold throughout the coming months.

This is just the start of President Biden’s plan to reverse the numerous damaging policies and executive orders passed by the Trump administration during the past four years.

This morning, the White House issued a press release outlining President Biden’s commitment to modernize the U.S. immigration system by way of a legislative bill that will be introduced before Congress in a matter of days.

The new bill, the U.S. Citizenship Act of 2021, proposes to overhaul the current immigration system to more effectively manage and secure our country’s border.

According to the Biden administration, the purpose of the bill is to “restore humanity and American values to our immigration system….” providing “hardworking people who enrich our communities every day and who have lived here for years, in some cases for decades, an opportunity to earn citizenship.”

The bill will prioritize family reunification, address root causes of mass migration from Central America, and among other things ensure that the United States remains a refuge for those fleeing persecution.

Most importantly is the bill’s commitment to create a path to citizenship for eligible undocumented immigrants, including Dreamers and essential workers who have been on the frontline of the COVID-19 pandemic.

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We have very exciting news for our DACA community. Yesterday, December 7, 2020, the United States Citizenship and Immigration Services (USCIS) issued the long-awaited public notice we have all been waiting for.

Pursuant to a federal court order issued on November 14, 2020, by Judge Nicholas George Garaufis of the U.S. District Court for the Eastern District of New York, which invalidates the July 28, 2020 “Wolf memorandum,” DHS has been ordered to immediately reinstate the DACA program to policies that were in effect prior to September 5, 2017 (the attempted rescission of the program by USCIS).


In order to comply with the federal court order, USCIS has issued an official public notice on its webpage confirming that effective December 7, 2020 the agency will:

  • Accept first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Accept DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Accept applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Extend one-year grants of deferred action under DACA to two years; and
  • Extend one-year employment authorization documents (EADs) under DACA to two years.

Additionally, USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under the Wolf Memorandum.

With this announcement, DHS will comply with Judge Garaufis’ order while it remains in effect, but the agency has stated they may seek relief from the order. Therefore, you should take advantage and file your initial request for DACA and/or advance parole as soon as possible.

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We are very happy to bring you this late breaking news.

Today December 04, 2020, a federal judge from the United States District Court for the Eastern District of New York, issued a ruling that requires the Trump administration to post a public notice within 3 calendar days that it will accept new initial requests for DACA (Deferred Action for Childhood Arrivals) applications effective immediately.


Overview of DACA Litigation 

This order builds on the judge’s previous ruling which declared the actions of Department of Homeland Security Secretary Chad Wolf unlawful, given the court’s finding that Wolf was not lawfully serving as acting DHS secretary when he signed rules limiting applications and renewals for the Deferred Action for Childhood Arrivals (DACA) program.

As you may recall back in 2017 the Trump administration engaged in aggressive tactics to eliminate the DACA program, however the U.S. Supreme Court successfully blocked such attempts, ultimately allowing DACA renewals to continue to be accepted.

In its opinion, the Supreme Court stated that the government did not follow the law – namely the Administrative Procedure Act – when it sought to eliminate DACA. Thus, the court found that because the government did not go through the appropriate process to dismantle DACA it would remain in place. Interestingly, the Supreme Court made clear that while the government did not go through the appropriate process to eliminate DACA, that it had the power to do so provided the government followed the appropriate procedures. The justices also stopped short of requiring the government to accept initial requests for DACA.

The following year on July 28, 2020, the Trump administration continued to stand its ground in blocking acceptance of initial DACA applications with the release of a scathing memorandum authored by Wolf. In it Wolf directed DHS personnel to (1) reject all pending and future initial requests for DACA (2) reject all pending and future applications for advance parole absent exceptional circumstances, and (3) to shorten DACA renewals to a two-year period.

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