DACA IS RENEWED! If you had DACA, now is time to think about renewal. You can file your renewal up to 5 months before your current status expires!!
See also below about the update rules on the Provisional Unlawful Presence Waiver. Maybe you can also file for green card, even though you entered without inspection!!
OBAMA Grants Deferred Action Status for children of Immigrants. (Announced Friday, June 15, 2012)
***NOTE: Due to failed Litigation in Federal Courts, the new OBAMA Deferred Action and for both children and parents is not in effect. However, the original DACA is still in effect, and can be renewed (see below).
On June 15, 2012 the Department of Homeland Security formally announced that it will offer deferred action to “DREAMers.” For all the promising undocumented youth who call America home this represents the opportunity to come out of the shadows and fully embrace the only country they know. Eligible individuals must:
- Be 15-30 years old, and have entered before age 16
- Have been present in the U.S. for 5 years as of June 15, 2012
- Have maintained continuous residence since that time;
- Have not been convicted of a felony, a significant misdemeanor or multiple minor misdemeanors
- Be currently in school, graduated, or have a GED, or is an honorably discharged veteran (including Coast Guard);
- The deferred action offer will be available to those in proceedings, as well as to those who apply affirmatively.
- Those granted deferred action will be eligible to get work authorization (EAD card).
This new action is not a statute or a law and is not passage of the Dream Act. It is a temporary measure that is now allotted for the next two years only. Renewals are now being accepted!!. It has not yet been announced how when and where USCIS will accept applications for Deferred Action Status. Therefore, please check with this page again, as we will update it as soon as such information is available. Frank & Pollack will be holding free information seminars on this Dreamers Deferred Action directive starting this Saturday, June 23rd, at 10 AM at our offices at 972 Broad Street, Newark, NJ. Likely a second such session will take place the following Saturday.
WAIVERS FOR OVERSTAYS STILL IN U.S. MAY BE ABLE TO FILE WITHIN US
Recently, USCIS (Immigration) updated their rules regarding the Provisional Unlawful presence waiver. Now expanded it. If you were turned away previously by your attorney, check back again now as these new rules went into effect on August 29, 2016!!
In summary, those people who have overstayed a visa or otherwise been unlawfully present in the United States for more than six months will be rendered inadmissible to the United States should they depart the U.S. This bar is triggered after one departs from the United States, so, under the current law, one can only apply for a waiver of this particular bar if they are outside the United States. This ground, (and this ground only) of inadmissibility can be waived by filing a prospective waiver application with USCIS here in the United States, before departing the country (and thus, triggering the bar). It is also important to note that this rule only applies to waiver application to waive this particular issue, and not for other waivers. If you have a spouse or parent who is a lawful permanent resident or citizen, you may qualify for this waiver. If you think you have been illegally in the United States for more than six months, or more than one year, and think you might qualify to apply for such a waiver, remember that this rule is not yet in effect. For more information, contact our office for a consultation.
Please visit our site again to see the latest information on new INS rules, regulations, and procedures. If you have any questions on recent provisions of the immigration law, feel free to contact us.