QUESTION: I know DACA has ended. What can I do?
Answer: There are actually different categories as the current policy stands. It is important at the present time to know which category you are under so that you can take the appropriate action. On September 5, 2017, President Donald Trump announced that the Deferred Action for Childhood Arrivals (DACA) program will be ending. This impacts almost 800,000 young people who entered the U.S. before the age of 16 and had temporary protection from deportation and work authorization.
Category “A”: You do not have DACA or a DACA application pending.
You cannot apply. The program has been terminated and new applications are no longer being accepted by USCIS. However, there might be other options for you such as a Request for Prosecutorial Discretion.
Category “B”: You Have DACA that expires on or Before March 5, 2018. If you have DACA and a work permit that expires on or before March 5, 2018, you can apply for a two-year renewal, but your application must be received on or before October 5, 2017. This is a very strict deadline and if you do not get the renewal in by that time, you will have lost the two-year extension.
Category “C”: You Have DACA that expires after March 5, 2018. If your DACA and work permit expire after March 5, 2018, you are not eligible for an extension and your DACA, work authorization, and protection from deportation will expire on the date shown on your DACA approval notice and work permit.
You should use this time to speak with an immigration attorney in order to determine other types of relief under immigration law that you can apply.
Category “D”: You have a DACA application pending, but it is not yet approved. If you have a DACA application that was received by USCIS on or before September 5, 2017, your application will continue to be processed. Hopefully, it was properly prepared and submitted. If not, then you might want to have it supplemented with the proper evidence and documents.
Category “E”: You have DACA and a valid advance parole travel document. If you have DACA and have a currently valid advance parole document, you may still use the document to travel and return to the U.S. as long as you return BEFORE the document expires. However, even with a valid travel document, the CBP can still refuse to let you in. Before you travel, speak to a qualified immigration lawyer. Trump can snap his fingers and end all if he wants, so it is a bit risky.
Category “F”: You have an advance parole travel document application pending. USCIS will no longer process or approve applications for advance parole for DACA recipients. If you have an application for DACA-based advance parole pending as of September 5, 2017, USCIS will close the application and return the filing fees to you.
Thus, there are several categories, so be sure you follow-up accordingly. Also, be sure you find other types of relief you might qualify for under the law.
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Atty. Brian D. Lerner has been an Immigration Attorney for nearly a quarter of a century. He is married to a Filipina and has helped thousands of Filipino families all over the country. In addition to his offices in Southern California in Long Beach and Carson, he has an office in Quezon City. He is a certified specialist in Immigration and Nationality Law by the Legal Board of Specialization, California State Bar. The initial consultation is free. Call (562) 495-0554 and/or send an e-mail to [email protected].
