DACA

Federal Judge Restores DACA Program Pending A 90-Day Stay

A federal judge in Washington D.C. has ruled that the decision to end the Deferred Action for Childhood Arrivals (DACA) program was unlawful and must be set aside. However, the judge stayed his order for 90 days, and gave the Department of Homeland Security the opportunity to better explain its reasoning for canceling the program, or accept new applicants. This is great news for those individuals who are eligible...

ALERT! – If You Are Undocumented and Uninsured, Do Not Pay the Tax Penalty

We have heard from several clients of Lal Legal that many undocumented immigrants, including DACA recipients, are erroneously paying the penalty for not having health insurance while filing their taxes for the past tax year. Please note that you are not required to pay the tax penalty for being uninsured if your immigration status makes you ineligible to purchase health insurance through the Affordable Healthcare Act (ACA) marketplaces. Ineligible immigration status...

What To Do When Your DACA Is Delayed

Your DACA renewal application has been pending for 105 days, and you have yet to get a new Employment Authorization Document (EAD) in the mail? Here is what you can do: 1. Initiate a service request at USCIS – Call USCIS National Service Center at 1-800-375-5283 and request to use the Service Request Management Tool (SRMT) to request expedited processing of your case and ask for an interim EAD, if your DACA renewal...

DOJ Files Emergency Stay of the Decision In Texas v. U.S.

Today, the Department of Justice asked the federal district court in Texas for an emergency stay of the preliminary injunction that stops the Department of Homeland Security from implementing the deferred action policies announced by the President in November. The DOJ is seeking an emergency stay because it contends that the district court decision will cause irreparable harm to the Department of Homeland Security (DHS) and prevent it from maximizing its limited...

Five Key Changes to the DACA Program

Beginning on February 18, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting program for the expanded Deferred Action for Childhood Arrivals (DACA) program. Any requests that are pending as of February 18, 2015, will be considered under the new program. Here are some changes to expect to the program as we know it. 1. No upper-level age-cap: President Obama initially offered deferred action to only those undocumented immigrants who...

Traveling Abroad With DACA and DAPA – Pathway to Citizenship?

Traveling abroad is probably the most prevalent question on the minds of many undocumented immigrants who find themselves trapped in the United States, unable to leave the country for fear of triggering the three-year or ten-year bars. Now, thanks to the President’s recent immigration announcement, undocumented immigrants who qualify for and receive Deferred Action for Childhood Arrivals (DACA) or Deferred Action for Parental Accountability (DAPA), can apply for permission to...

Time Is Now For Executive Action On Immigration

Today, in Washington D.C., 11 undocumented immigrants formally requested that President Obama expand his expected administrative action on immigration to include the nation’s 11 million undocumented immigrants. The request was accompanied by another legal memo outlining that the President has the authority to grant relief from deportation to a broad number of people.  The President should authorize the Department of Homeland Security to swiftly grant the deferred action requests filed today, and expand...

USCIS Releases Handy DACA Toolkit

The United States Citizenship and Immigration Services (USCIS) has belatedly created a Deferred Action for Childhood Arrivals (DACA) toolkit for applicants. The comprehensive 34-page document should answer many of the questions that you have about the DACA program, and the renewal process. It is available here. USCIS is still accepting initial requests for DACA. An individual may be considered for initial DACA if he or she: Was under the age...