In my column This week's Consulta Migratoria® answers a reader's question about the effects of a federal judge's recent order temporarily blocking the expansion of DACA and the implementation of DAPA.
Each case is different and the answers vary depending on each person's immigration history.
Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before starting any procedure.
Yesterday I saw a TV interview of a lawyer who said that a federal judge had put a stop to Obama's executive action. The lawyer said that everything Obama had done was frozen and that people already in DACA would not be able to renew their work permits. Is this true? -Pedro M.
Roberto, the information given by the lawyer in the interview you saw is incorrect.
Federal Judge Andrew Hanen's order only affects the expansion of the Deferred Action for Childhood Arrivals (DACA) program and the future implementation of the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program.
All of President Obama's other announced immigration executive actions remain in effect.
For example, U.S. Citizenship and Immigration Services (USCIS) continues to accept initial DACA registrations from individuals who meet the following requirements:
Have arrived in the U.S. before the age of 16.
2. Not to have been older than 30 years of age on June 15, 2012.
3. Have lived continuously in the U.S. for at least 5 years prior to June 15, 2012 and currently present in the country.
4. You entered without inspection before June 15, 2012 or your legal immigration status expired on June 15, 2012.
5. Be a high school graduate or in high school, including GED, or be a veteran of the armed forces.
6. Not pose a threat to national security or public safety.
7. Not have been convicted of a felony, significant misdemeanor or multiple felonies.
It is important to note that individuals who are already enrolled in DACA are still protected by the program and can re-enroll in DACA and renew their work permit.
I hope that Federal Judge Hanen's order will be reversed by the Federal Court of Appeals for the Fifth Circuit or the U.S. Supreme Court.
In the meantime, individuals who are eligible for DAPA and expanded DACA cannot enroll in the program and must wait until the federal court authorizes it.
For more information and immigration tips, read my blog inmigracionhoy.com.
Send your questions to preguntas@consultamigratoria.com. Include detailed information about your situation to better answer your questions.
Nelson A. Castillo, Esq. is an immigration attorney and author of La Tarjeta Verde: Cómo Obtener la Residencia Permanente en los Estados Unidos (Green Card: How to Obtain Permanent Residence in the United States). He is a past president of the Hispanic National Bar Association and current president of the Los Angeles Westlake South Neighborhood Council. To contact Mr. Castillo's office, please call (213) 537-VISA (8472).
The purpose of this column is to provide general information. There can be no guarantee or prediction as to what will be the outcome of the information presented by Dr. Nelson A. Castillo. The information should not be taken as legal advice for any individual, case or situation. Consult with an immigration attorney for personalized legal advice before beginning any immigration proceedings.
