by Frederik Stefani
People covered by DACA are foreign nationals who were brought to this country as children under the age of sixteen by their parents. Under the executive order issued by President Obama, these DREAMers were permitted to remain in this country and secure employment authorization indefinitely.
According to the Department of Justice, after September 5, 2017, the U.S. Citizenship and Immigration Services will no longer accept new applications for DACA. However, current DACA recipients who possess Employment Authorization may continue to work until the permission to work expires.
U.S. Citizenship and Immigration Services will accept renewal applications for anyone whose DACA or EAD expires between September 5, 2017, and March 5, 2018. Such renewal applications are anticipated to be approved for two years. U.S. Citizenship and Immigration Services will still accept applications to replace an employment authorization card that has been lost, stolen or destroyed.
U.S. Citizenship and Immigration Services will adjudicate DACA applications on the case-by-case basis for all properly filed and pending DACA renewal applications. At the same time, U.S. Citizenship and Immigration Services announced that it would not adjudicate any new DACA application filed after September 5, 2017.
U.S. Citizenship and Immigration Services will not accept new requests for travel authorization (called “Advance Parole”). Pending applications will be closed (“denied”) and the application fee will be returned to the applicant. U.S. Citizenship and Immigration Services announced that will recognize previously-granted travel periods, so people who are outside the country with Advance Parole under DACA are urged to return to the U.S. before the authorization expires.
It is worthwhile to emphasize that U.S. Citizenship Immigration Services has always maintained that Advance Parole does not guarantee admission into the US, and the government may terminate or revoke that benefit at any time. Therefore, even people who have an unexpired Advance Parole should carefully consider trips outside the United States.
The DACA program will continue to be in effect until March 5, 2018, giving time to Congress to pass new legislation for DREAMERS. DACA recipients should follow the rules of the program and other limitations contained in the U.S. Citizenship and Immigration Services announcement as well as monitor developments closely. More information about the latest announcement about DACA program can be found at the following link- https://www.uscis.gov/daca2017