DACA

by SCwpadmin SCwpadmin 103 Comments

DACA Recipients in Arizona Get In-State Tuition

A judge in Maricopa County Arizona recently ruled that DACA recipients should be eligible to receive in-state tuition at Arizona colleges.  After this ruling, the Arizona State Board of Regents announced that DACA recipients are eligible for in-state tuition rates at public universities.  This change is being implemented immediately and represents a significant commitment to access to more affordable higher education.  Currently more than 23,000 immigrants in Arizona have received DACA status since the program was initiated in 2012.

 

by SCwpadmin SCwpadmin 344 Comments

Challenge to President Obama’s Immigration Reform Moves to 5th Circuit

The lawsuit filed by 26 states against President Obama’s Expanded DACA and DAPA immigration reform programs has been officially scheduled before the 5th Circuit Court of Appeals in New Orleans, Louisiana.  The 5th Circuit will hear arguments from both sides on April 17, 2015 to decide whether the temporary hold on President Barack Obama’s immigration executive action should be lifted.  The Department of Justice, who is defending the President’s Immigration programs, argues that the hold on Expanded DACA and DAPA interferes with the Department of Homeland Security’s ability to keep our borders secure.  In contrast, the 26 states, led by Texas, argue that the President’s implementation of executive action was unconstitutional.

by SCwpadmin SCwpadmin 77 Comments

Federal Judge Keeps President Obama’s Expanded DACA and DAPA Programs on Hold

Federal Judge Andrew Hanen denied a request from the Department of Justice that would have allowed the President’s Expanded DACA and DAPA programs to move forward during the course of the current lawsuit.  By declining to consider this request, President Obama’s Executive Action immigration reform programs will remain on hold at least until a court hearing set for March 19th, 2015.  Applicants will not be able to apply for Expanded DACA or DAPA until a court rules that the President’s immigration reform programs can go forward.  Applicants who qualify for the original DACA announced in June 2012 may continue to apply for this program.

by SCwpadmin SCwpadmin 50 Comments

Federal Judge Halts Expanded DACA and DAPA

Monday night Federal Judge Andrew Hanen granted an injunction that temporarily stops the implementation of President Obama’s Expanded DACA and DAPA Programs.  Because of this injunction, Department of Homeland Security Secretary Jeh Johnson announced that applications for Expanded DACA will no longer be accepted on February 18th as was originally planned. Instead, the Expanded DACA and DAPA Programs have been put on hold until Judge Hanen’s ruling is either reversed or a different ruling is issued. This means that the Obama administration is unable to implement either Expanded DACA or DAPA until this lawsuit is resolved.

This ruling only impacts Expanded DACA and DAPA.  Applications for the original DACA issued in June 2012, renewals, and extensions under original DACA are not affected.

This injunction derives from a lawsuit joined by 26 states that are suing President Obama over his executive action immigration reform issued in November 2014.  If Judge Hanen’s injunction holds, these 26 states will be able to proceed with their lawsuit while the Expanded DACA and DAPA programs remain on hold.

by SCwpadmin SCwpadmin 48 Comments

New DACA Applications will be Accepted Starting February 18th!

Great news for those who will be applying for the new expanded Deferred Action for Childhood Arrivals (DACA) program! Applications for a three-year deferral of deportation and a three-year work permit will be accepted starting on February 18, 2015.

To be eligible for the new DACA program you must the following criteria:

  • Have entered the United States before the age of 16;
  • Have lived in the United States continuously since at least January 1, 2010 (rather than the prior requirement of June 15, 2007);
  • Are currently in school, have graduated from high school or obtained a GED, or have been honorably discharged from the U.S. military; and
  • Have not been convicted of a felony offense, a significant misdemeanor offense, or multiple misdemeanor offenses.

You can schedule a consultation to start your DACA application today by calling our office at 303.407.4100.

For parents of U.S. citizens and lawful permanent residents, an application for deferred action will be available in mid-to-late May 2015. We will send an email when we learn the official application date.

If you know family or friends who may benefit from the President’s plan, please share our information with them. The attorneys at Stern & Curray will continue to update our blog and our Facebook page with any changes.

by SCwpadmin SCwpadmin 222 Comments

Highlights from President Obama’s Executive Action Immigration Reform

Last night President Obama implemented sweeping immigration reform.  The President’s reforms will impact many areas of immigration, such as immigration courts and deportations, border security, Deferred Action for Childhood Arrivals applicants, parents of U.S. citizens or lawful permanent residents, foreign students studying in the U.S., spouses of H-1B visa holders, and U.S. businesses, foreign investors, entrepreneurs, researchers, and highly skilled workers.

As noted on the USCIS website, highlights of President Obama’s Immigration reform plan include, but are not limited to, the following:

  • Broadening eligibility for the Deferred Action for Childhood Arrivals (DACA) program to people who came to this country before turning 16 years-old and who have been present since January 1, 2010. Also, extending the period of DACA and work authorization to three years;
  • Enabling parents of U.S. citizens and lawful permanent residents who have been in the United States since January 1, 2010, to apply for deferred action and employment authorization for three years, so long as they pass a background check;
  • Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens
  • Modernizing and improving immigrant and nonimmigrant programs to grow the economy and create jobs.  Reform in this area may involve changes to the visa bulletin system, National Interest Waivers, and expansion of OPT for foreign students; and
  • Providing work authorization to spouses of H-1B visa holders.

The details of these reforms are currently being formulated by U.S. government agencies.  At present, most details and specifics of the President’s reforms are unknown and will be unveiled in the coming months.

Anyone who believes they may benefit from these reforms, please contact our office to set up a consultation.

 

 

 

 

 

by SCwpadmin SCwpadmin 389 Comments

First DACA Recipients Eligible for Renewal

This summer will mark two years since the Deferred Action for Childhood Arrivals program first began. The first DACA recipients now have the opportunity to apply for a renewal of deferred action. Immigration and Customs Enforcement (ICE) has released a notice regarding the renewal process specifically for  applicants who applied between June 15, 2012 and August 15, 2012.

Renewal applications for another two-year period of deferred action must include Forms I-821D and I-765, along with the filing fee for the I-765 Employment Authorization Document. The original requirements for eligibility are still in place and renewal of deferred action remains at the discretion of USCIS.

It is important to note that if an applicant’s period of deferred action expires before they receive a renewal of deferred action, they will begin to accrue unlawful presence. They will not be eligible to work during any lapse in deferred action. In order to avoid a lapse, the government recommends applying for a renewal 120 days  before the current expiration of deferred action.

Individuals who applied on or after August 15, 2012 must wait for USCIS to issue a notice regarding the renewal process for their group.  Such guidance is anticipated in the coming months.

by SCwpadmin SCwpadmin 26 Comments

Advocates Increase Efforts to Reach DACA Eligible Immigrants

The face of undocumented immigrants in the U.S. is typically portrayed as Latin American, and more often than not, is also assumed to be Mexican. As most undocumented immigrants living in the U.S. do hail from Central and Latin America, deferred action advocacy and grassroots organizing has been focused around these populations. Yet, outreach to other immigrant communities, such as the Chinese and Filipinos, has been lacking. Groups like Atlas: DIY are trying to change this by conducting neighborhood outreach in immigrant neighborhoods in Brooklyn. Some advocates contend that there is less discussion of undocumented status within Asian communities, which may decrease the likelihood that qualified individuals will seek out deferred action. The New York City Council is investing millions in a push to help bring out these individuals. How advocates across the nation will reach their respective lesser-known immigrant communities remains to be seen.

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