Proposed New DACA Rule | What It Means For You

The Department of Homeland Security has proposed new rules for DACA. As with anything the government puts out, the language can be dense and difficult to parse. If you need help dissecting its latest proposal, please read on, then contact a skilled DACA lawyer in Milwaukee, WI to learn what the proposed new DACA rule means for you.

What is the proposed new rule for DACA?

While the current DACA program, started in 2012, requires that the request for DACA, made on Form I-821D, be filed at the same time as an I-765 application for employment authorization, the proposed rule decouples the DACA application from the work authorization application, making the application for work authorization optional.

Why are new rules being proposed for DACA?

On July 16, 2021, a United State district court in Texas issued a decision and injunction in Texas v. United States, holding that Deferred Action for Childhood Arrivals is unlawful but allowing it to continue for current recipients and allowing, for now, for continued renewals. This new proposed rule to the program is designed to codify it and preserve it for future generations.

As with its previous iteration, the qualifications to apply are as follows:

  • Are under 31 years of age as of June 15, 2012
  • Came to the U.S. while under the age of 16
  • Have continuously resided in the U.S. from June 15, 2007, to the present. (For purposes of calculating this five-year period, brief absences from the United States for humanitarian reasons will not be included)
  • Entered the U.S. without inspection or fell out of lawful visa status before June 15, 2012
  • Were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS
  • Are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces
  • Have not been convicted of a felony offense, a significant misdemeanor or more than three misdemeanors of any kind
  • Do not pose a threat to national security or public safety

How can a Milwaukee, WI family immigration attorney help you?

Separating DACA from employment authorization could put you at risk of losing your work permit and your job while waiting for employment authorization renewals to process, especially given that the validity dates for the work permit will not exceed the dates granted by DACA. A skillful family immigration lawyer in Milwaukee, WI will assist you in preparing for this process, which is complex and time-consuming. Being denied DACA could lead to your deportation. In all but paperwork, you are an American. Let us help you prove that in court.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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