This site uses cookies to store information on your computer. By using this site, you consent to the placement and use of these cookies. Read our Privacy Policy to learn more. ACCEPT

Know Your Rights – DACA Update

On July 16, 2021, a federal judge in Texas issued an order declaring that DACA is an illegal policy. While that decision is being appealed, USCIS is still accepting initial and renewal DACA applications. USCIS will continue to process renewal applications in the usual manner. For initial applications, however, USCIS may accept initial applications, but it cannot grant initial DACA applications while the Texas judge’s order is in effect.

WHAT DOES THIS MEAN FOR ME?
Current DACA Recipients
• Current DACA Recipients can continue to apply to renew their DACA. It is recommended that you submit your renewal between 150 and 120 days of the expiration date of your current DACA.
• DACA protections and benefits continue (e.g. deportation protection and work permits)
• Renewal work permits are still valid for two years
• Renewal fee remains $495

New DACA Applicants
USCIS will accept initial applications, but it cannot and will not approve any initial applications while the judge’s order is in effect. Initial applicants must meet the following eligibility criteria:

  • Were under the age of 31 as of June 15, 2012;
  • Came to the United States before reaching their 16th birthday;
  • Have continuously resided in the United States since June 15, 2007, up to the present time;
  • Were physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS;
  • Had no lawful immigration status on June 15, 2012;
  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate (or other State-authorized exam in the United States), or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • 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.

Even if a first-time applicant meets these criteria, USCIS cannot approve the application at this time. Speak with an experienced immigration law practitioner before submitting an initial DACA application.

ADVANCE PAROLE

  • Advance Parole applications for humanitarian, education, or employment purposes will be accepted for people with DACA.
  • IMPORTANT: Being granted Advance Parole does not guarantee that you will be allowed to reenter the U.S. It is important that you speak with an immigration attorney or Department of Justice Accredited Representative to understand your situation BEFORE traveling outside of the U.S.
  • For additional information, visit https://www.uscis.gov/DACA

FREE LEGAL HELP MAY BE AVAILABLE
All DACA eligible individuals should consult with a legal service provider for information about applying for DACA, renewing their existing DACA and/or getting screened for eligibility for other, more permanent immigration benefits. To make an appointment with Catholic Migration Services for free legal assistance, please call our office Monday through Friday between 9:00 a.m. and 5:00 p.m. at (718) 236-3000 (Brooklyn office) or (347) 472-3500 (Queens office). You can also send a request with your name, phone number, borough where you reside and language(s) spoken via email to immigrationassistance@catholicmigration.org.
For additional information and free legal advice, you can also contact 311 and ask for “Action NYC”.

Know Your Rights – DACA Update

Presione aquí para la versión en Español
Peze la pou tradui nan Kreyol Ayisyen

On Friday December 4, 2020, a Federal Judge in New York issued an order restoring the Deferred Action for Childhood Arrivals (“DACA”) program to its status before the Trump administration attempted to end it in 2017.

This means that the government now must accept first-time requests for DACA from individuals eligible to enroll into the program, accept applications for advance parole, and restore the two-year renewal period for DACA protection and work permits.

WHAT DOES THIS MEAN FOR ME?
Current DACA Recipients
• Current DACA Recipients can continue to apply to renew their DACA. It is recommended that you submit your renewal between 150 and 120 days of the expiration date of your current DACA.
• DACA protections and benefits continue (e.g. deportation protection and work permits)
• Renewal period has been restored from one to two years
• Renewal fee remains $495

NEW DACA APPLICANTS
USCIS will accept initial applications for individuals who meet the following eligibility criteria:
• Were under the age of 31 as of June 15, 2012;
• Came to the United States before reaching their 16th birthday;
• Have continuously resided in the United States since June 15, 2007, up to the present time;
• Were physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS;
• Had no lawful immigration status on June 15, 2012;
• Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate (or other State-authorized exam in the United States), or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
• 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.

ADVANCE PAROLE
• Advance Parole applications for humanitarian or education travel outside of the United States will be accepted.
• IMPORTANT: Being granted Advance Parole does not guarantee that you will be allowed to reenter the U.S. It is important that you speak with an immigration attorney or Department of Justice Accredited Representative to understand your situation BEFORE traveling outside of the U.S.

FREE LEGAL HELP MAY BE AVAILABLE
All DACA eligible individuals should consult with a legal service provider for information about applying for DACA, renewing their existing DACA and/or getting screened for eligibility for other, more permanent immigration benefits. To make an appointment with Catholic Migration Services for free legal assistance, please call our office Monday through Friday between 9:00 a.m. and 5:00 p.m. at (718) 236-3000 (Brooklyn office) or (347) 472-3500 (Queens office). For additional information, visit our website at www.catholicmigration.org and follow us on social media via Facebook, Twitter, and Instagram @CMSBQ. You can also obtain free legal advice by calling 311 and asking for “Action NYC.”

Download the Know Your Rights – DACA Update as a PDF.

December 10, 2020

Important Information Regarding Potential Immigration Policy Changes from Biden’s Administration

Presione aquí para la versión en Español.

This November, a majority of American voters selected Joe Biden as this country’s next President, and Catholic Migration Services expects President-Elect Biden to be inaugurated on January 20, 2021. After four years of near constant attacks leveled on our immigrant communities by the Trump administration, we are finally looking towards a future brimming with hope for immigrant communities. Although the Biden administration cannot officially make any policy changes until after the inauguration, we are anticipating that the new administration could make several important policy changes to aid immigrants.

In recent statements, President-Elect Biden has stated that he will seek to quickly reverse some of the Trump administration’s most controversial policies on immigration, including:

  • ending the travel ban on immigrants from majority Muslim countries;
  • ending the forced separation of children from their parents at the Southern border;
  • ending the detention of child asylum-seekers;
  • reversing the Trump administration attempts to dismantle protections for asylees;
  • continuing protections for Dreamers through the Deferred Action for Childhood Arrivals (“DACA”) program; and
  • reviewing Trump administration decisions to eliminate Temporary Protected Status (“TPS”) designations for citizens from several countries.

Although some of President-Elect Biden’s policy changes can be made quickly by Executive Order, it is important to keep in mind that the Trump administration implemented more than 400 immigration policy changes, and it will take the Biden administration some time and effort to undo them. In addition to changes the Biden administration can make without legislative action, there remains an opportunity for our legislative branches to work together to pass new laws that will provide longer lasting benefits to immigrant communities. Catholic Migration Services is hopeful that the next four years will prove to be the re-introduction of the U.S. as a nation that welcomes immigrants.

It is important for immigrants to stay informed of policy changes that take place after President-Elect Biden takes office. For additional information and ongoing updates, please visit our website at www.catholicmigration.org and follow us on social media via Facebook, Twitter, and Instagram @CMSBQ.

In addition, consult with a trusted legal service provided to understand your rights and your options. Call Catholic Migration Services in Brooklyn at (718) 236-3000 or in Queens at (347) 472-3500 for free legal advice. You can also obtain free legal advice by calling 311 and asking for “Action NYC.”

Download Important Information Regarding Potential Immigration Policy Changes from Biden’s Administration as a PDF.

Immigration Update: The United States Citizenship and Immigration Services Issues Memorandum Partially Rescinding Deferred Action for Childhood Arrivals

Peze la pou tradui nan Kreyol Ayisyen

On July 28, 2020, the United States Citizenship and Immigration Services (USCIS) issued a memorandum partially rescinding the Deferred Action for Childhood Arrivals (DACA) initiative. This memorandum was in response to the June 18, 2020, Supreme Court decision, which found that the Trump administration’s initial attempt to rescind the DACA program was done improperly. USCIS was then ordered to restore all aspects of the DACA program, including accepting first-time applications and advance parole requests. 

USCIS’ July 28 memorandum rescinds portions of the DACA program and lays the groundwork for rescission of the entire initiative. The memorandum announced the following changes to the DACA program:

  • USCIS will reject all first-time applications for DACA. This includes any first-time applications currently pending as of July 28, 2020 or filed in the future. Any USCIS fees submitted with first-time applications will be refunded to the applicant.
  • Previously, those eligible to renew their DACA received two-year renewals. USCIS will now issue only one-year DACA renewals to eligible applicants. The application fee to renew DACA will remain $495 despite the shortened renewal period. The memorandum does not appear to change the eligibility requirements for renewal applicants. It also states that USCIS will continue to comply with its policy of refusing to share information with Immigration and Customs Enforcement (ICE) for enforcement activities. 
  • USCIS will deny virtually all applications for advance parole based on DACA. Any such advance parole applications currently pending will be denied and any USCIS fees paid will be refunded. USCIS has left open the possibility that it will approve advance parole applications in “exceptional circumstances”. The memorandum does not describe what qualifies as exceptional circumstances. Any advance parole approvals issued before the July 28 memorandum will remain valid.

The July 28, 2020 memorandum is almost certainly the Trump administration’s first step in attempting to rescind the entire DACA program. This partial rescission will likely be challenged in court. However, unless and until a judge decides that this memorandum is unlawful, it will remain in effect. For now, those who previously had DACA and remain eligible to renew may still do so.

All DACA eligible individuals should consult with a legal service provider for information about, renewing their existing DACA and/or getting screened for eligibility for other, more permanent immigration benefits.

To make an appointment with Catholic Migration Services for free legal assistance renewing DACA, please call our office Monday through Friday between 9:00 a.m. and 5:00 p.m. at (718) 236-3000 (Brooklyn office) or (347) 472-3500 (Queens office).

Download this update as a PDF.

 

Immigration Update: The Supreme Court of the United States on the Deferred Action for Childhood Arrivals (DACA) Program

Presione aquí para la versión en Español
Peze la pou tradui nan Kreyol Ayisyen

On June 18, 2020 the Supreme Court of the United States held that the Trump Administration’s termination of the Deferred Action for Childhood Arrivals (DACA) program in 2017 was unlawful, thus allowing almost 800,000 DACAmented community members, including 45,000 residents of New York, who call the United States of America home to breathe a sigh of relief knowing that the program has not been eliminated and continues to stand.

What does the decision mean?

  • The Supreme Court’s decision specifically takes issue with the way the Trump administration ended the program in 2017. The Court held that the way the program was terminated was improper. It did not hold that DACA was lawful or good policy.
  • The Supreme Court’s decision means that the DACA program should be restored completely, which means that first time applicants should be able to apply. It is unclear when the United States Citizenship and Immigration Services (USCIS) will begin taking on new applications. Individuals currently with DACA continue to remain eligible to renew their DACA for two more years.
  • It is possible that Advance Parole may again allow DACA recipients to travel outside the United States and return. However, details of this are still unclear, and the potential impact of the COVID-19 pandemic may limit the ability to travel.
  • All DACA eligible individuals should consult with a legal service provider for information about applying for DACA for the first time, renewing their existing DACA, and/or getting screened for eligibility for other, more permanent immigration options.

This decision is an enormous victory for our immigrant communities and their allies who mobilized to protect the DACA program. However, it is important to keep in mind that the Trump administration can again attempt to end the program through other means, and that only an act of Congress can afford DACAmented community members true permanent status in the United States.

We will continue to update our website with more information as it becomes known.

To make an appointment with Catholic Migration Services for free legal assistance applying for or renewing DACA, call us at (718) 236-3000 (Brooklyn office) or (347) 472-3500 (Queens office).

Download this update as a PDF.

Virtual Immigration Town Hall

Last week Catholic Migration Services and New York Lawyers for the Public Interest hosted a Virtual Immigration Town Hall via Facebook Live. Panelists discussed how COVID-19 is impacting tenants and workers, shared helpful resources with the immigrant community during this difficult time, and took questions from the audience. If you missed it, view the video below.

*The Virtual Immigration Town Hall begins at 00:09:00

Join Catholic Migration Services and New York Lawyers for the Public Interest for an Virtual Immigration Town Hall on…

Posted by Catholic Migration Services on Thursday, May 7, 2020