Since September 2017 the Trump Administration has had a policy to end the Deferred Action for Childhood Arrivals (DACA) program. Although the decision to wind down DACA has been stopped in the courts for now, the future of the program is uncertain. This has put a renewed emphasis for many DACA recipients to find other paths to legal status. Obtaining a DACA green card through marriage to a U.S. citizen is one of the most common ways to gain legal status.
The DACA program does not provide a direct path to permanent residence (green card). However, certain individuals with DACA can apply for permanent residence in the United States. In other words, under current immigration law, no individual can apply for a green card on the basis of having DACA. There must be some other factor that makes a DACA recipient eligible for a green card. These factors may include marriage to a U.S. citizen, certain employment, and others. The most common scenario, and the focus of this article, is a DACA recipient who marries a U.S. citizen and then wants to adjust status to permanent resident. Continue reading
Unfortunately, U.S. Citizenship and Immigration Services (USCIS) is no different than any other massive government organization – they are heavily burdened with a large workload and aren’t the most efficient organization. In fact, several agencies make up the overall immigration system. Consular offices, Department of State and the National Visa Center all play a role. Over 6 million forms are filed with USCIS each year alone. Even if you’ve used our tips for preparing USCIS forms, it’s not uncommon for these agencies to lose parts of your application package or even the whole thing. But there are some preventive measures so that you don’t have to call us to say, “USCIS lost my application!” Continue reading
The initial application for Deferred Action for Childhood Arrivals (DACA) was an exhaustive and challenging process for many. But you should be pleasantly surprised to know that the DACA renewal application is significantly less complicated.
In fact, many DACA applicants are now able to prepare the DACA renewal application by themselves.
Eligibility for DACA Renewal
An individual may be considered for renewal of DACA if he or she met the guidelines for consideration of initial DACA and meets all the following guidelines: Continue reading
For the second time, a federal judge has issued an injunction that orders the Trump administration to continue accepting applications for the DACA program. The New York ruling affirms an earlier court injunction in California that saved the Deferred Action for Childhood Arrivals program from certain death. USCIS is now accepting DACA renewal applications.
On September 5, 2017, attorney general Jeff Sessions announced that the Trump administration would phase out DACA. At the time of the announcement, eligible applicants could file a DACA application only until October 5, 2017.
Under the federal court ruling, the U.S. Citizenship and Immigration Services (USCIS) will now run the DACA program as it was before the September 5 announcement. However, USCIS says that they will not be accepting applications for initial grants of DACA, only renewal applications. Continue reading
It’s probably the first U.S.-government issued identification that you’ve ever had. So losing a work permit from your Deferred Action for Childhood Arrivals (DACA) grant can be an exasperating experience. Don’t despair; you can replace a lost DACA card.
It’s important to understand that losing the DACA card, officially known as an employment authorization card, does not mean that you’ve lost your grant of DACA. It’s only a card that proves your deferred action status and authorization to work in the United States.
However, not having the work permit in your possession can create at least two serious problems: Continue reading
After you’ve filed almost any application or petition with U.S. Citizenship and Immigration Services (USCIS), they will respond by mailing you a Form I-797C, Notice of Action, within approximately 1-3 weeks. (It may take longer to receive the I-797C for some other forms like Form I-751.) The I-797C, Notice of Action, is commonly known as a receipt letter.
For applicants that have incorrectly filed or included the wrong payment, this receipt letter will indicate that the case has been rejected. The applicant will need to refile. If you’ve prepared the form correctly and followed the USCIS directions carefully, this receipt letter will indicated that your case has been accepted. Once the form has been accepted, USCIS will begin reviewing your case.
The receipt letter contains a unique 13-digit receipt number. Also known as a case number, it’s a very important number to help you track the progress of your case or identify a particular immigration filing.
Effective December 23, 2016, U.S. Citizenship and Immigration Services (USCIS) will increase the fees that must be submitted with the majority of its immigration forms. The USCIS fee increases, which were finalized in an announcement yesterday, can be found in a final rule published in the Federal Register. Applications and petitions postmarked or filed on or after December 23, 2016, must include these new fees or USCIS will reject your submission.
During the early summer of 2016, USCIS announced fee increases would be coming. The USCIS fee increases became official yesterday. Fees increased by a weighted average of 21 percent for many forms. While fees for some forms increased only modestly, fees for other forms such as Form N-600 ballooned by 95 percent. Continue reading
Several million undocumented immigrants in the U.S. received a stunning blow last week when the Supreme Court’s deadlocked decision effectively killed President Obama’s new deferred action plans. The immigration actions known as Deferred Action for Parents of Americans and Permanent Residents (DAPA) and an expanded version of the already successful Deferred Action for Childhood Arrivals (DACA) appear to be hopelessly frozen.
For undocumented immigrants, the clear goal is a path to a long-term legal status. These paths to legal status lead to permanent resident status (green card) and U.S. citizenship. Certain immigrants with no legal status may have some paths available. This article covers those options and who could qualify for them. Continue reading
Tomorrow marks the fourth anniversary of President Barack Obama’s Deferred Action for Childhood Arrivals (DACA) executive order. And while the program has positively transformed the lives of many, there is still so much left unaccomplished in those four years. The DREAM has yet to be fully realized.
The DACA program, announced by President Obama on June 15, 2012, provides benefits to young immigrants living in the United States who came to the U.S. at an early age as undocumented immigrants with their parents. Each renewable two-year grant of DACA provides:
- Deferred action — Protection from deportation
- Employment authorization – a work permit that allows the individual to work within the United States
The battle to unfreeze President Obama’s DAPA and expanded DACA executive actions is now in the U.S. Supreme Court
Yesterday, the U.S. Supreme Court heard oral arguments over the lawsuit that froze the implementation of an expansion to Deferred Action for Childhood Arrivals (DACA) and the creation of the new Deferred Action for Parents of Americans (DAPA) program. For immigration advocates, this is a major decision in the fight for families.