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Deferred Action

DACA Program to End

DACA Program to End

This week, the Department of Homeland Security announced that they will be phasing out the Deferred Action for Childhood Arrivals program, often referred to as DACA.  Applications for DACA will be considered on a case by case basis, as long as they were submitted prior to September 5, 2017. Please be aware that these new provisions also apply for the associated work authorization applications for DACA participants.

Keep in mind that if your DACA application is accepted, it is valid for 2 years from the date it is issued. The two year validity period is also applicable to authorization for employment as well. If your employment authorization documents are lost, stolen, or destroyed, you will still be able to request new documents by submitting Form I-765.

As of late August 2017, there were a total of 106,341 requests, the majority of which were renewal requests. The uncertainty of what the future holds for “Dreamers,” or those who are DACA participants is raising a lot of questions and dialogue across the country. As of the time this blog post was written, 15 states have vowed to bring legal action against the federal government in an attempt to protect these individuals. However, the President assures there is nothing to worry about.

If you are concerned about how this change in immigration policy may impact you and your family, please contact an experienced immigration attorney who can assess your situation and provide you with assistance.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

I didn’t finish high school, can I still qualify for DACA?

  • If you didn’t finish high school, you can still qualify for DACA. You have to be enrolled in high school or a high school equivalency program.
  • However, there is no requirement that you complete the program prior to filing for DACA.

What’s a DACA, and what are the requirements?

  • DACA is “Deferred Action for Childhood Arrivals” which allows individuals who are brought to the United States prior to their 16th birthday to apply for deferred action allowing them to obtain employment authorization.
  • This is very important for many younger individuals because employment authorization allows them to obtain a social security number and then a driver’s license.
  • To qualify, you can not have been brought here illegally. You had to arrive in the United States on or before June 15th, 2007, and you had to be in the United States as of June 15th, 2012.
  • One additional requirement is that you have to have either a high school degree or equivalency. It does not mean that you have to have completed the program; you must just be enrolled.

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