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Carl Shusterman's Immigration Update

DACA Renewals - Plus DACA to Green Card!

Rating: 2 votes, 5.00 average. On June 5, DHS Secretary Jeh Johnson announced the process for persons who have received work permits (EADs) under the Deferred Action for Childhood Arrivals (DACA) programs to renew their DACA status and work permits for another 2 years. Also, in this article, we describe the process by which persons in DACA status can obtain green cards.

Since the summer of 2012, over 560,000 persons who entered the United States as children have obtaining lawful status through the DACA program. However, later this year and next, their status is due to expire.

Renewal Process

The DHS has unveiled the process for them to extend their DACA status and EADs in the U.S.

They must begin by completing the newly-reissued form I-821D, Consideration for Deferred Action for Childhood Arrivals, plus form I-765 for a new EAD (along with a filing fee for $465) as well as the I-765 worksheet. They must also submit their fingerprints and photos. The DHS will conduct a background check.

In order to maintain eligibility for DACA, an applicant must:

  • Not have departed the U.S. since August 15, 2012 unless they did so pursuant to a grant of “advance parole”;
  • Not have been convicted of a felony, a significant misdemeanor or three or more misdemeanors; and
  • Not pose a threat to national security or public safety.

USCIS reminds applicants to submit their renewal applications at least 120 days before their current DACA application is due to expire. However, it may be prudent to do so 180 days before the expiry date.

From DACA to Green Card

Since many persons with DACA cards entered the U.S. “without inspection”, they have been told that it is impossible to become a lawful permanent residents of the U.S. because they did not enter the U.S. legally.

However, this is not necessarily true.

Persons with DACA card are eligible to apply for permission to travel outside the U.S. under the following circumstances:

  • Humanitarian
  • Employment
  • Education

If you obtain “advance parole” to travel abroad, be aware that when you return to the U.S., you last admission to the U.S. is lawful.

Therefore, should you marry your U.S. citizen fiancé, you can immediately apply for a green card. The whole procedure takes place in the U.S. and is usually completed within a matter of months.

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Updated 06-05-2014 at 02:27 PM by CShusterman


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