DACA LAWYER IN NEW JERSEY
DACA Renewals Have Restarted — Don’t Miss Your Chance!
Update: July 20, 2021
On July 16, 2021, a U.S. district court in Texas issued a decision and injunction in Texas v.United States, holding that Deferred Action for Childhood Arrivals (DACA) is unlawful. However, the Judge allowed DACA to continue for current recipients and allowing, for now, for continued renewals.
- held that the DACA program is unlawful,
- set aside the DACA program and the 2012 U.S. Department of Homeland Security (DHS) memorandum that originally established DACA, and
- remanded DACA back to DHS to take steps to comply with the court’s order.
The court “stayed” its order with regard to people who already have DACA. This means that those who already have DACA may apply to renew their DACA and that U.S. Citizenship and Immigration Services (USCIS) may continue processing DACA renewal requests. The court also emphasized that its decision should not be interpreted as terminating any existing grants of DACA. People who have DACA will not lose it as a result of the court’s order.
With respect to people who are eligible for DACA but have not been granted it, the court’s order:
- allowed USCIS to continue to accept first-time DACA requests, but
- prohibits the federal government from approving any first-time DACA requests after July 16, 2021 (the date of the court’s decision).
The federal government announced that they will appeal this decision to the Fifth Circuit Court of Appeals.
On January 20, 2021, President Biden issued a memorandum reaffirming the federal government’s commitment to DACA. The memorandum states that “the Secretary of Homeland Security, in consultation with the Attorney General, shall take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA.”
On September 28, 2021, U.S. Citizenship and Immigration Services published a proposed rule that would re-create the DACA program in federal regulation.
Please check this webpage for updated information.
Have questions about DACA? Call (800) 909-8129 to speak with a DACA attorney. Se Habla Espanol!
Can I apply for new DACA or a DACA Renewal?
New DACA applications will not be accepted, and any pending first-time applications for DACA will be refunded and rejected if filed after July 16, 2021. Therefore we can only accept applicants who are applying for renewal of their DACA benefits.
Not Eligible for DACA? There Are Alternatives!
If you are not eligible , you may be eligible for another status! For example, if a DACA holder obtains advance parole, travels and is admitted to the US that admission would be considered a lawful entry. Thereafter, if the DACA holder married a US Citizen or has a child over the age of 21 they can immediately apply for a green card from within the US.
If a DACA holder entered the US legally and married a US Citizen, they can immediately apply for a green card from within the US. DACA holders who entered illegally and married US Citizen can apply for a provisional waiver. if approved, they can travel and receive a green card from a consulate abroad.
Things to Remember
- Do Not Talk to a Notario! Notarios are not lawyers and are not trained to fully understand the complex U.S. immigration system. Some notarios will take your money and give you bad advice. Protect yourself and your family by turning to a qualified immigration attorney whom you can trust with your legal decisions.
- Don’t Give Up! We stand with DREAMers and we are fighting for you. Congress can pass a bill to offer a permanent way for those with DACA to stay in the United States. Contact your Congressman tell them how to stand up for Dreamers!
- You Have Other Options! You may be eligible for another type of status. Up to 30% of people screened for DACA were eligible for something better and more permanent. To learn more, call our immigration lawyer, Attorney Bennett.
Call an NJ DACA Lawyer at (800) 909-8129
If you are unsure about your current status, you must speak to a immigration lawyer. Only an experienced attorney give you legal advice. Reach out today to schedule an initial consultation. During this time, we can review your complete immigration history along with the immigration status of your family to determine if there is another path available to legalize your status.
Why Was My DACA Denied?
The most common reason for denial is a conviction for a felony, a significant misdemeanor, or multiple misdemeanors. A felony is a crime that’s punishable by more than a year in jail; a significant misdemeanor is a crime for which the maximum term is a year or less but greater than five days; or regardless of the sentence imposed, is an offense of domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, or, driving under the influence.
If not an offense listed above, a significant misdemeanor is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.
Your DACA Questions Answered
Practicing since 1987, my firm has the resources, knowledge, and skills necessary to achieve your goals. We have helped over 10,000 immigrants with their immigration matters. We are committed to providing you with the highest quality legal services, and we promise to immediately begin working on your case to achieve those goals. We will always respond to your questions or concerns. In addition, we will keep you informed and educated about the process every step of the way. Contact us today to discuss your case!
Previous DACA Updates
August 28, 2020
After their defeat in the courts, the USCIS under the Trump administration updated DACA to limit grants to one year and to only extend to current or former DACA recipients—no more new applicants. The agency will also reject applications sent too early and limit the circumstances under which Advanced Parole is granted.
January 9 and February 13, 2018
Federal courts issued an injunction against the President’s decision to end the Deferred Action for Childhood Arrivals (DACA) program. This meant that eligible immigrants could apply for renewal of DACA benefits! While Congress has yet to pass a permanent solution, the temporary relief allowed hundreds of thousands of people to regain work authorization and protection from deportation.
September 5, 2017
President Trump announced that the DACA program would end. This impacted almost 800,000 young people who entered the U.S. before age 16 who had temporary protection from deportation and work authorization. Thankfully, the courts issued an injunction preventing the end of DACA for the time being. While no new applications could be filed, current (as of 2017), or former DACA recipients could apply for renewal as of January 9, 2018.