ERM Immigration Law, PLLC
On September 5, 2017, Attorney General Jeff Sessions announced the end of the Deferred Action for Childhood Arrivals (DACA). Because DACA is an executive action and not a law, the Administration has broad authority to end or change the program. Here are some answers to things you are probably wondering. Please note this is general information. Each case is different and as such this information should not be construed as legal advice – contact an immigration attorney for case-specific information or for legal advice. Notarios are not qualified to give legal advice.
UPDATE: Federal Courts have temporarily blocked the Trump Administration's decision to revoke DACA. You may file for a DACA EXTENSION if you have previously been granted DACA status. Please call for more information as this information may change or your case may not be qualified. This is not legal advice. (Updated 02/01/2018)
Q: I think I qualify for DACA, but I have not submitted my initial application. Can I still apply?
A: No. The Trump administration will no longer accept initial DACA applications after September 5, 2017.
Q: I currently have DACA. What will happen to my DACA work permit?
A: DACA employment authorization documents (also known as work permits) will generally continue to be valid until their expiration dates. For more information about your rights as an employee see this advisory:
Q: I currently have my initial DACA application or my DACA renewal pending with USCIS. What will happen to my case?
A: Applications submitted before September 5, 2017, it will be processed normally by USCIS. Renewal applications must be submitted by October 5, 2017 in order to be considered by USCIS.
Q: What will happen to my Social Security Number (SSN)?
A: A SSN is a valid SSN number for life, even once work permit and DACA approval expire. If you have not yet applied for your valid SSN, find your nearest Social Security Administration office at https://www.ssa.gov/denver/ or by calling 1-800-772-1213 and apply immediately.
Q: What will happen to my driver’s license or state ID?
A: A driver’s license or state identification card will continue to be valid until it expires. If you have not applied for a driver’s license or state ID card with your valid DACA work permit, do so immediately.
Q: I just got a ticket, and/or I must go to court on a criminal issue. What should I do?
A: Now, even minor criminal arrests or convictions can lead to placement into deportation proceedings or complicate your future immigration options. Before you plead guilty to ANY criminal charge, no matter how minor it may seem, be sure to consult with a trusted criminal defense attorney who understands the potential immigration consequences of your case.
Travel Advisories for Foreign Nationals
The Supreme court upheld the Trump administration’s travel ban 5-4, affirming the president’s power over matters of national security. The latest iteration of the ban includes restrictions against five majority-Muslim nations — Iran, Libya, Somalia, Syria and Yemen. North Korea and Venezuela are also on the list. Three other majority-Muslim nations, including Chad, Iraq and Sudan have been removed since policy was implemented through executive order in January 2017. If you were born in one of these countries, you should contact an attorney before travel outside the US
ALL Legal Permanent Residents:
From any country, if you are asked to sign papers at the airport if you are asked to sign a document you may be giving up your legal permanent resident card. if you do not want to give up your status, politely ask to see an immigration judge or to be released.
Protect Yourself and Know Your Rights!
Please go to: https://www.nilc.org/rights-card/
Please call for latest updates - you should not rely on this website, or any other, for the most current information on immigration. This page was last updated on 07/29/2018
I always hesitate to post "scary" or "bad" immigration news on this page. However, the recent policy changes at USCIS should be known to those seeking US immigration status. And you should consider, at minimum, a consultation with an immigration law practitioner or non-profit who works with licensed attorneys.
There are *two* significant changes immigrants and their families or employers need to be aware of.
First, USCIS will no longer issue letters asking for more documents (RFE's) as a matter of course before denying an insufficient application. USCIS states they will instead deny the application if it is not approvable upon review and receipt. Sounds straight-forward, but it can be difficult to know what USCIS wants if you aren’t experienced in working with the agency and when the “goal posts” keep moving. This policy change is even more significant than ever, because USCIS is issuing “RFEs” up to 45-50% *more often* than they have previously, in some categories. This policy will apply to applications filed after September 11, 2018.
The second change states that if a case is denied (which can happen without asking for more information first pursuant to policy change discussed above), USCIS now has jurisdiction to automatically issue Notices to Appear in Immigration Court (NTA) and be entered into proceedings immediately. This became effective on July 5, 2018 and is a major departure from historical practices (of only issuing NTAs in cases of fraud, criminal records, or previous immigration violations, in most cases). The resolution for many of these cases will be to voluntarily depart the US through permission of the Court. But, this is a long, tough and unpleasant process because you must first close your immigration case if you want to ever immigrate to the US or even visit in the future.
Unfortunately, this means the stakes are very high to get things right the first time. Mistakes happen, and sometimes a typo here or there isn’t going to mean the end of things, but there are a lot of “land mines” out there; forms are more complicated, officers less forgiving, and agencies are less transparent. It is more important now than ever to seek help in your immigration application.
See these links for more information.:
USCIS Policy Changes - RFE's, Denials, and Immigration Court Referrals