Tag Archives: DACA

Some DACA EADs with Three Year Approval Must be Returned

If you have received a notice from USCIS that you must return your 3-year EAD card, you must follow their instructions or you will lose your grant of Deferred Action.

When the President announced his plans for expanding the Deferred Action for Childhood Arrivals (DACA) in November of 2014, USCIS began issuing three year work permits according to the new guidelines. But when the federal court in Texas issued an injunction on February 16, 2015 temporarily stopping the expanded DACA, the government went back to issuing only two year approvals for DACA. But they mistakenly issued about 2,000 work permits good for three years after the injunction. Also, about 500 EAD cards that were returned by the post office as undeliverable, and were resent after the injunction, are considered erroneously issued. Now, USCIS is requiring these recipients of the 3-year EAD cards to return their work permits if it was approved or re-mailed after the injunction.

If you get a letter requesting return of your work permit, you should follow the instructions to return the card. But do not worry, they are not taking away your DACA. You will be sent a 2-year EAD card in its place.

2,000 3-year EADs that were mailed after the injunction

In May 2015, USCIS sent letters to the 3-year EAD recipients issued after February 16, 2015, explaining they need to return their work permits and approval receipts to USCIS. Recipients were provided a postage paid envelope and instructions. USCIS received approximately 1,100 EADs from this first letter.

In the beginning of July, USCIS sent a second letter stating that “USCIS must receive your EAD by 7/17/15. Failure to return the invalid EAD without good cause may affect your deferred action and employment authorization.”

Also USCIS customer service representatives began calling affected individuals and/or their representatives providing instructions for returning erroneously issued EADs.

On July 13, 2015, USCIS sent a third letter telling these individuals they must appear at a USCIS field office to return their 3-year EAD, or certify that it has been returned or that it has been lost by July 27, 2015. This notice indicates that the DACA grant will be terminated, and the EAD declared invalid, effective July 31, 2015, if the recipient does not comply. Recipients who have returned their three-year EADs by mail, but who still receive the letter requiring them to report to a USCIS field office must still go to the field office to certify that the three-year EAD has been returned.

USCIS also has a plan for plain-clothed USCIS officers to conduct home visits to retrieve the 3-year EADs.

500 3-Year EADs approved and mailed prior to the injunction, returned to USCIS as undeliverable, and re-mailed after the injunction

On July 14, 2015, USCIS mailed this group of 3-year EAD recipients a letter asking them to return their 3-year EAD card, or to certify that it has been returned or lost, by July 27, 2015. If they fail to comply with the letter, their deferred action and employment authorizations will be terminated “at some future date.”

USCIS customer service representatives plan to call affected individuals and provide instructions for returning erroneously issued EADs. Plain-clothed USCIS officers will also begin visiting individual homes to retrieve these 3-year EADs.

Recipients may appear at any USCIS field office during the hours stated in the letter to return their card. Recipients should bring the letter to the field office to facilitate entry into the building.

Individuals whose DACA is terminated because they did not return their cards have no recourse for reinstating DACA at this time.

 

 

USICS is Not Accepting Applications for the New DACA, old DACA from 2012 still in Effect

Implementation of the new DACA and DAPA programs has been temporarily suspended. Last week, on February 17, a federal court judge decided the President’s programs were illegal.

However, the President’s DACA and DAPA programs are not illegal. Nearly every President for the past 40 years, Republican and Democrat, has used executive action for immigration matters.

The Justice Department is filing an appeal with a federal appeals court in New Orleans this week. The Department of Homeland Security is still planning to implement both programs as soon as the court process allows.

The existing DACA process and renewals of DACA are not affected by the recent court action. Murphy Law Firm will post updates when changes occur.

The Expanded Deferred Action for Childhood Arrivals starts in February

The expanded Deferred Action for Childhood Arrivals (DACA) begins on February 18, 2015. On that day, U.S. Citizenship and Immigration Services (USCIS) will begin accepting applications under the expanded guidelines announced by the President in November of 2014. The DACA program grants a period of deferred action for eligible individuals who entered the U.S. before the age of 16. With deferred action, the government agrees to issue an Employment Authorization card and not deport an individual.

Eligibility under the new DACA program includes the following changes:

  • There is no age limitation, the applicant no longer has to have been born before Jun 15, 1981;
  • Applicants must prove continuous presence in the U.S. since January 1, 2010 (the prior continuous presence date was June 15, 2007).
  • Approved applicants will receive deferred action and work authorization for three years instead of two.

All other DACA guidelines remain the same. To find out if you qualify under the new program, please schedule a consultation.

See the full requirements for Deferred Action for Childhood Arrivals.

Executive Action on Immigration

On November 20, 2014, President Obama announced that he will be taking executive action on immigration due to inaction by congress. The new guidelines presented by President Obama last night will help an estimated $4.9 million people who are presently in the United States with no lawful status. Two areas where individuals will see relief are an expansion of the current Deferred Action for Childhood Arrivals and a new policy of Deferred Action for parents of children who are U.S. Citizens (USC) or Lawful Permanent Residents (LPR).

Expansion of Deferred Action for Childhood Arrivals (DACA)

DACA will no longer have an age cap. Individuals meeting the following criteria will be considered for deferred action if they:

  • Were under the age of 16 when they entered the U.S.,
  • Are attending school or have earned their high school diploma,
  • Have lived here continuously since 1/1/2010,
  • Have no felony crime convictions or significant misdemeanors,
  • Have no more than 2 minor misdemeanors.

The original age cap disqualified individuals born before June 15, 1981. Now, there is no restriction on age. In addition, DACA and DACA renewals will be granted for a period of three years instead of two effective November 24, 2014. And the entry date to the U.S. has changed from June 15, 2007 to January 1, 2010.

Deferred Action for Parents of U.S. citizen or lawful permanent resident children (DAP)
For individuals with children born in the U.S., or who have become LPRs or USCs, there are new guidelines allowing parents to apply for deferred action. Parents are eligible if they:

  • Have children born in the U.S. before November 20, 2014 (or who have become LPRs or USCs by that time),
  • Have no legal status as of 11/20/14,
  • Have lived here continuously since 1/1/2010,
  • Have no felony crime or significant misdemeanors
  • Have no more than 2 minor misdemeanors.

Individuals applying for deferred action under either program will have to have a background check and pay the filing fees, currently $465.

These programs will be available to people who are currently detained or are in removal proceedings. Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) must start identifying people in custody and who have pending removal cases. They may be eligible for administrative closure or termination of their cases. We will be reviewing our client’s cases one by one. We are hopeful that many of our clients currently in removal proceedings will now be eligible for the expanded DACA or the new DAP program announced by the president.

There are several other changes that will impact businesses, foreign investors, researchers, and skilled workers. The naturalization process and process for those seeking waivers will also be affected.