THE Department of Homeland Security U.S. Citizenship and Immigration Services (USCIS) issued additional guidance on the DACA phase-out. On September 5, 2017 DHS initiated the orderly phase out of the program known as Deferred Action for Childhood Arrivals (DACA).
Next steps for phasing out DACA
All DACA benefits are provided on a two-year basis, so individuals who currently have DACA will be allowed to retain both DACA and their work authorizations (EADs) until they expire.
USCIS will adjudicate, on an individual, case by case basis:
• Properly filed pending DACA initial requests and associated applications for employment authorization documents (EADs) that have been accepted as of September 5, 2017.
• Properly filed pending DACA renewal requests and associated applications for EADs from current beneficiaries that have been accepted as of the date of this memorandum, and from current beneficiaries whose benefits will expire between September 5, 2017 and March 5, 2018 that have been accepted as of October 5, 2017.
Individuals who have not submitted an application by September 5, 2017 for an initial request under DACA may no longer apply. USCIS will reject all applications for initial requests received after September 5.
Individuals who may be affected by the rescission of DACA should speak to an experienced and licensed attorney who will be able to provide guidance in view of these new developments. And, while notarios and paralegals are cheap, and there are plenty of information to be found on the internet, it is best to consult with an experienced and licensed immigration attorney who will be able to give individuals honest answers based on law.
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Atty. Lilli Berbano Baculi is an associate attorney with Chua Tinsay & Vega, A Professional Legal Corporation (CTV) – a full service law firm with offices in San Francisco, San Diego, Sacramento and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; (916) 449-3923; [email protected]. For general information visit www.chuatinsayvega.com.
