Understanding New DACA Rules: Key Changes and Updates

February 2015

Published by the Law Offices of Alena Shautsova, 2908A Emmons Ave, Brooklyn, New York 11235

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“Be the change that you wish to see in the world.”
― Mahatma Gandhi

Five Things To Know about New DACA

Author: New York DACA lawyer Alena Shautsova

Applications for New DACA can be submitted starting February 18, 2015

DACA of Deferred Action for Childhood Arrivals underwent some major modification from its original form. In November, 2014 President Obama promised that those who came to the country before they turned 16 and stayed continuously from January 1, 2010, will be able to get a temporarily relief from deportation/ removal and receive an employment authorization. In fact, just a couple of days ago, USCIS announced that it will start acceptingapplications for NEW DACA beginning February 18, 2015. It is anticipated that new DACA will affect millions of persons.

There is no more Upper Age Restriction

The previous DACA restricted the age of applicants in that all those who turned 31 as of June 5, 2012 could not apply. Now, the “upper” age limit is removed. If a person entered the country before turned 16 and meets other requirements (regardless how old the person is now), the person can apply.

The continuous residence requirement now starts from January 1, 2010

The “old” DACA provided relief to those who could prove that they stayed in the U.S. from June 15, 2007. Now, that time line has shifted to January 1, 2010.

New DACA renewal and Work Authorization will be valid for Three (3) years

The New DACA will give employment authorization and temporary status for three years, opposed two years as it was previously. This rule applies to those who will be applying for DACA for the first time, and those who will be renewing their DACA status.

The Fee for DACA application charged by the government is $465

Please note that attorney’s fees vary, however, the government fee is set at $465

A beneficiary if DACA may later adjust his/her status if has a US immediate relative who can petition for them. Please note DACA is not by itself a permanent residency status and directly does not provide a path to “green card” or citizenship. However, it allows a person to obtain an advance parole and cure “illegal entry” issue in most cases. Submit your questions by calling 917-885-2261 or visiting http://www.shautsova.com 

Known Unknowns of DAPA of Deferred Action for Parent Accountability

Author: New York DAPA lawyer Alena Shautsova

President Obama’s administration took a new, important step towards legalization of millions of undocumented immigrants. Starting Mary, 2015, a beneficiary of DAPA will be able to obtain an employment authorization, and likely, anadvance parole document which will allow a person to legally travel outside the US and return.

The Obama’s administration announced that a person will be able to apply for DAPA if

he or she has resided in the U.S. since January 1, 2010;

had on November 20, 2014 a U.S. citizen or permanent resident son or daughter;

and is not an enforcement priority.

This new form relief is helpful to those whose U.S. citizen children are under the age of 21 or those who cannot demonstrate extreme hardship needed for an immigration waiver in case a son or daughter are 21 and older. It is so, because a U.S. citizen child who turned 21 can petition for parents’ permanent resident status. However, if a parent entered the country illegally, such a parent will need to obtain an extreme hardship waiver before receiving permanent residency in the United Sates. The advance parole way does not cure an issue of fraud or misrepresentation.

It is important to understand that DAPA is not an amnesty and does not provide a path to citizenship. It is a temporary relief that will temporarily shield a person from removal and allow to work legally in the U.S. One potential long termbenefit DAPA may bring is a travel permit. Currently, the majority of undocumented persons with U.S. citizen children cannot obtain permanent residency while in the U.S. due to entry without inspection or admission, and the only way such individuals can obtain a “green card” is if they qualify for an extreme hardship waiver and obtain an Immigrant visa from a consulate abroad. However, once a person travels using an advance parole document or a travel permit and returns to the U.S., he or she cures the illegal entry problem and will no longer require a waiver if there is an immediate relative (a U.S. citizen spouse or child) who can file a petition for this person. Please note that there is an exception for relatives of current or former military members: they can qualify for parole in place and obtain permanent residency without a waiver.

One can prepare for DAPA: collect records that demonstrate residency in the U.S. from January 1, 2010: copies of pay stubs, mortgage payments, store loyalty program statements, social media accounts print outs, copies of rent payments, etc. Also, it would be helpful to verify criminal history status, as well as obtain basic identification documents.

Finally, there are “unknowns” of DAPA that at this time, practitioners hope will be resolved in favor of the applicants:

a). A question of step children: will a person with stepparent-stepchild relationship be able to qualify for DAPA? Step parents should be able to apply for DAPA if they married their spouses before the child’s 18 birthday and developed a stepparent/ stepchild relationship.

b). What will happen to those who are in removal proceedings now or will be placed in removal proceedings after DAPA is announced?

c). Will the relief eventually lead to a permanent residence status?

While currently, there are no clear answers to those questions, it is known that the application forms for DAPA should be available starting May, 2015.

Submit your questions by calling 917-885-2261 or visiting www.shautsova.com