Last night, immigration attorney David Leopold held a Facebook Live update to answer Dreamers’ questions about what happened with DACA, whether they could renew, whether they should travel with advanced parole in the cases where they have them, and more. The Facebook Live video can be watched below, and our Immigration 101 blog post on the rescission of DACA can be found here.
Below are key answers to some of the most frequently asked questions:
(Disclaimer: this does not constitute legal advice, and individuals should seek counsel from a licensed attorney on their specific cases.)
- If you’re a Dreamer who has never applied for DACA before, you won’t be able to going forward. First-time applications that are already in the system (that are properly filed) will likely be accepted and processed.
- If you already have DACA and it expires before March 5, 2018, renew it now. Get the renewal application in this week. Pay the extra money to get a tracking number. All eligible DACA renewals must be in by October 5, 2018.
- If your DACA expires after March 5, 2018, unfortunately, you won’t be able to renew. This is why we need the Dream Act.
- USCIS will no longer approve advanced parole. Pending applications will be returned and fees refunded.
- If you already have advanced parole, know that if you travel, you are doing so at your own risk. It’s Customs and Border Patrol that determines who gets to come back into the US, and DACA-mented Dreamers with advanced parole are not guaranteed safe return. A DACA recipient in 2016 was deported in 2016 after traveling with advanced parole; Dreamers today are advised to avoid it unless absolutely necessary.
- If you’re a Dreamer married to a US citizen or legal permanent resident, whether you’re able to adjust your status or not depends on how you came in. If you initially entered the US on a visa, your options may be promising. If you entered without inspection, there may be provisional waivers available to you. Either way, consult a lawyer. If you’re able to obtain status outside of DACA, now is the time to do so!
- If you have a U-visa or TPS, those were not affected by yesterday’s DACA announcement.
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