Advisory Regarding DACA Program after the Presidential Election

| Dec 1, 2016 | Immigration Law |

Basics:  We have been receiving a number of questions from clients following the election of Donald Trump as President about the future of the Deferred Action for Childhood Arrivals (DACA) program.  Donald Trump indicated that he would end the DACA program if he was elected, but he did not specify what this meant. We believe that each individual should make their own decision after being informed of the risks and benefits but provide these recommendations to those who have asked us for guidance.

If I have never applied for DACA but I think I qualify, what should I do? If you have never applied to the DACA program and you are not currently in removal (deportation) proceedings, our recommendation is that you do NOT try to file an initial application at this time.

I do not have DACA but I already submitted an application, which is pending, what should I do? If you already submitted an initial application for DACA our recommendation is that you continue with that application.  It is possible that such an application may be approved before the end of the Obama administration.  However, after Jan. 20, 2017 we expect any pending DACA application will most likely be denied.

I am a current DACA recipient but my work permit is expiring soon, what should I do?  Our recommendation is that, if you are still eligible, you continue to seek renewal of your DACA status if your permit expires before May 19, 2017. Please understand that although we recommend pursuing renewal, it is possible that your work permit may not get approved and you may end up losing the application fee.

I am a current DACA recipient and was planning to travel under advanced parole, what should I do? You should schedule an emergency consultation to discuss this as soon as possible with our office.