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Licensed to Practice State Law in Colorado and California

childhood arrivals

Attention: DACA – Undocumented Students. Scholarships are available!!

This is great news for students who have Deferred Action of Childhood Arrivals or are undocumented. Now they will have the opportunity to obtain scholarships for their studies. For more information go to: https://mydocumentedlife.org/2016/09/12/scholarships-open-to-undocumented-students/

 

 

Supreme Court Issues Disappointing Split Decision in United States v. Texas

Today, the Supreme Court issued a 4-4 decision in United States v. Texas, the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).  This means that the Fifth Circuit’s decision upholding the preliminary injunction against these initiatives will stand. This ruling does not impact the original DACA program launched in 2012. The decision is a huge disappointment for immigrant families and their defenders. It’s bad for American communities, workers and the economy. We will continue to explore all available legal avenues and will urge the government to do the same. Ultimately, the nation needs a permanent solution to our outdated immigration system, and that must come from Congress.  The fight will continue.

http://www.americanimmigrationcouncil.org/newsroom/release/supreme-court-issues-disappointing-split-decision-united-states-v-texas

BB&T and Blue Ridge Immigration Law Center present: A Community Forum on the New Deferred Action Programs

The forum will take place on Saturday, April 25, 2015 between 10-11:30 a.m. at the BB&T located at 250 Neff Ave., Harrisonburg, VA 22801. Come learn about the requirements for the Deferred Action for Childhood Arrivals (DACA) under current law and find out how the proposed changes to deferred action may benefit undocumented parents of U.S. citizen and lawful permanent resident children (Deferred Action for Parents of Americans and Lawful Permanent Residents or “DAPA”). While applications are not being accepted at the moment for these expanded DACA and DAPA programs, it is important to understand the requirements and how to be prepared.

To view the event flyer go to: http://www.blueridgeimmigration.com/wp-content/uploads/2015/04/Final-DACA_Harrisonburg-Flyer.pdf

Consideration of Deferred Action for Childhood Arrivals Process – Certain youths may qualify for employment authorization

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization.

Individuals who can demonstrate through verifiable documentation that they meet these guidelines will be considered for deferred action. Determinations will be made on a case-by-case basis under the guidelines set forth in the Secretary of Homeland Security’s memorandum.

In September 2012, USCIS started deferring action for certain childhood arrivals and issuing employment authorization for a period of two years. Beginning in September 2014, the initial two-year grants of deferred action for early recipients of DACA from USCIS are due to expire under their own terms, and USCIS is actively preparing for the DACA renewal process so that eligible individuals can request and receive an extension of their deferred action without experiencing any lapse in their lawful presence or work authorization.

In late May 2014, USCIS anticipates publishing a new dual-use Form I-821D, Consideration of Deferred Action for Childhood Arrivals, to allow for both initial and renewal requests, and updating Frequently Asked Questions with additional information. If you received DACA from USCIS and will seek to renew, you must wait until USCIS publishes the new form before filing your renewal request. If you are filing for initial DACA, you may continue to file using the current form until the new version is available http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process

Guidelines

You may request consideration of deferred action for childhood arrivals if you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. Individuals can call USCIS at 1-800-375-5283 with questions or to request more information on the deferred action for childhood arrivals process or visitwww.uscis.gov.

Age Requirements

Anyone requesting consideration for deferred action under this process must have been under 31 years old as of June 15, 2012. You must also be at least 15 years or older to request deferred action, unless you are currently in removal proceedings or have a final removal or voluntary departure order.

For more information go to: http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process

DACA (Deferred Action for Childhood Arrivals) Renewal Guidance

If your previous period of deferred action expires before you receive a renewal of deferred action under DACA, you will accrue unlawful presence and will not be authorized to work for any time between the periods of deferred action.  For this reason, USCIS encourages you to submit your request for renewal 120 days before your current period of deferred action under DACA expires.

An individual whose case was initially deferred under DACA by ICE may be considered for Renewal of DACA from USCIS if he or she:

  • Was under the age of 31 as of June 15, 2012;
  • Came to the United States before reaching his or her 16th birthday and established residence at that time;
  • Has continuously resided in the United States since June 15, 2007, up to the present time;
  • Did not depart the United States on or after August 15, 2012 without advance parole.
  • Was present in the United States on June 15, 2012, and at the time of making his or her request;
  • Entered without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012;
  • Has graduated or obtained a certificate of completion from a high school, has obtained a general educational development certificate,  is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; or was in school at the time he or she requested DACA from ICE and: 1) has successfully completed an education, literacy, or career training program (including vocational training) and obtained employment,  2) is currently enrolled in high school, postsecondary school or a new/different education, literacy or career training program, or 3) has made substantial, measurable progress toward completing an education, literacy, or career training program and,
  • Has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

USCIS will review your request to determine whether the exercise of prosecutorial discretion is appropriate in your case. Each case will be considered on an individual, case-by-case basis.  Even if you satisfy the threshold criteria for consideration of Deferred Action for Childhood Arrivals, USCIS may determine, in its unreviewable discretion, that deferred action is not warranted in your case. You will be notified of the decision in writing. There is no motion to reopen/reconsider the decision and there is no right to appeal; however, USCIS may issue a Request for Evidence to obtain further evidence to demonstrate that you meet the guidelines.

For additional information on needed documentary evidence or to download the required forms, please visit www.uscis.gov/childhoodarrivals.