April 22, 2020 Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

The new proclamation became effective on Thursday, April 23, 2020.
It is important to note who is not affected by this new executive order:

• Individuals in the U.S.;
• Individuals with valid immigrant visas; and 
• Individuals with valid travel documents.

Furthermore, the following categories are exempt from the executive order:

1. Individuals who have green cards (LPRs);
2. Healthcare professionals essential to combating COVID-19;
3. EB-5 Immigrant Investors;
4. Spouses of the U.S. Citizens; and  
5. Children of U.S. Citizens under the age of 21.

Which categories of intending immigrants are impacted by this proclamation?

1. Spouses and children of green card holders seeking immigrant visas abroad;
2. Parents of U.S. Citizens seeking immigrant visas abroad; 
3. Siblings of U.S. Citizens seeking immigrant visas abroad; and
4. Any employment-based green card applicants who are not currently in the U.S.

It is worth noting that the proclamation indicates that further non-immigrant visa restrictions are likely to be issued within the next 30 days.  Within 50 days of this order, the Administration will decide whether to continue or modify this proclamation. It appears that President Trump's long term plans include further restricting the categories of immigrant and non-immigrant visa holders admitted to the country. 

FUTURE OF DACA - MIXED SIGNALS

President Trump has been vocal regarding his intent to abolish DACA which was instituted by a June 15, 2012 memorandum written by DHS Secretary Janet Napolitano.  President Trump’s draft executive order entitled Ending Unconstitutional Executive Amnesties, leaked back in January of 2017, contemplates putting an end to the program by not accepting any new applications or renewals.  Current DACA recipients would be allowed to work until the expiration date of their work permits.  Since the leaked memo has become known to public, however, President Trump has made a number of confusing statements regarding his plans for DACA recipients signaling a potential change of heart regarding this issue.
 
Although we do not know what the future of the DACA program holds, we do know that as of March 16, 2017 the program remains in force.

When faced with a decision as to whether renew DACA, every applicant faces a number of questions such as:

1.     Can information provided on a DACA applications be used for immigration enforcement purposes?

2.     Are the costs and waiting times worth it?

3.     Should I travel on an Advance Parole?

 

As DACA was created via executive order, there is no statutory protection against enforcement actions offered to DACA recipients.  Information provided on DACA application cannot be shared with ICE or CBP for immigration enforcement purposes unless the applicant meets specific criteria, but it can be shared for other purposes like fraud investigation.  

Applicants with complicated immigration history including, for example, prior removal orders or any type of criminal history, would benefit from a consultation with an experienced immigration attorney to verify their eligibility and ascertain the risks associated with making an affirmative application.   

The applicants who are already participating in DACA and have had any recent contacts with law enforcement or immigration police would not likely incur any additional risks by filing for renewal as their information is already known to the government.

DACA recipients should only contemplate foreign travel with a valid and current advance parole. As CBP took a position that even with a valid advance parole admission to the U.S., it is up to CBP’s discretion to admit an individual or deny entry.  The current administration has signaled that the advance parole program will be curtailed in the future and used more sparingly.  Having said that, certain DACA recipients may benefit from an entry to U.S. on an advance parole on both personal and procedural levels; for example, when faced with a bar to adjustment due to prior entry without inspection.  The decision to exercise this option should be made on an individual basis and the applicant should ensure that he or she understands the risks associated with seeking re-entry to the U.S.

Putting aside all the uncertainties surrounding the DACA program, the DACA community consists of millions of  individuals, (as of September 30, 2016,  CIS  has approved approximately  750,000 initial DACA applications and 580,000 renewal requests) and is a force that President Trump needs to take into account when making decisions regarding future of this program.

 

Nowy Program Prezydenta Obamy – Szansą dla Nieudokumentowanych Imigrantów

 Program DAP –  obejmuje osoby które:

1.  Są rodzicami dziecka które jest obywatelem lub rezydentem Stanów Zjednoczonych
2. Zamieszkiwały w Stanach Zjednoczonych przynajmniej od pierwszego stycznia 2010 roku 
3. Przebywały na teranie Stanów Zjednoczonych dwudziestego listopada 2014 roku  i podczas składania aplikacji
4.  Nie posiadają uregulowanego statusu pobytu w USA
5. Nie posiadają poważnych problemów kryminalnych lub emigracyjnych
6. Osoba starająca się o DAP będzie musiała uiścić opłatę w wysokości $465.00

 Program ten pozwala kwalifikującym się osobom na otrzymanie tzw. „statusu” ochronnego i pozwolenia na pracę na okres trzech lat.  

10 Things You Should Know About Obama’s Executive Action on Immigration

1. Deferred Action for Parents (DAP) program will allow parents of US Citizens and/or permanent residents (regardless of their age) who have been present in the US for at least five years to apply for work permits  (valid for 3 years)
2. The age limitation on DACA will be removed and the work permits will be valid for 3 instead of 2 years
3. The filing fee for both DACA and DAP will be $465.00
4. The  USCIS is expected to start receiving applications for DAP program on or about  May 19, 2015
5. Adjustment of status for employment based immigrants  will be streamlined to eliminating backlogs
6. Business immigration regulations will be modified to help U.S. businesses to hire and retain highly skilled foreign- born workers and expend opportunities for foreign students
7. Deportation prerogatives will be modified to: suspected terrorists, convicted felons, gang members, persons apprehended at the border, persons with prior criminal history or recent history of immigration law violations
8.  I-601A waiver for unlawful presence will also cover spouses and children of legal permanent residents
9. Secure Communities will be replaced by Priority Enforcement Program
10.   Parole in place will be expended to include families of individuals  trying to enlist in the US armed forces

Can a DACA Beneficiary Travel Abroad?

One of the many advantages of DACA is that a recipient is entitled to seek a permit to travel abroad under certain circumstances.   The DACA recipient can apply for an advance parole - a document allowing the CBP to parole an individual back into the US.   The advance parole is awarded, however, for narrowly defined humanitarian, employment, and educational purposes only such as for example: attending a funeral of a family member, visiting a sick relative, studying abroad, attending employment related client meetings or trainings.   It is important to note that travel on vacation is not a valid purpose for advance parole.

An applicant wishing to apply for advance parole needs to submit an appropriate form along with a filing fee of $360.00 as well as documentation of the purpose behind the trip.

A DACA recipient wishing to travel needs to understand that advanced parole does not guarantee entry into the US.  

The DACA recipients  who :

1.       Have prior removal orders on their record

2.       Accrued unlawful presence prior to qualifying for DACA (received DACA after turning 18)

should consult services of an experienced attorney to  minimize the risks stemming from the contemplated departure. 

Don't Chase Your Dreams... Catch Them - Renew your DACA in Timely Fashion!

•  New Form I-821D
• on June 5, 2014, USCIS issued a revised Form  I-821D which must be used for both initial DACA requests as well as renewals 
• for more information see: http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca

• Apply in Timely Fashion
• Renewal must be requested or an applicant can lose DACA eligibility
• Renewal should be requested in ample time to ensure that no adverse circumstances will be suffered, filing for renewal between 150 and  120 days before the expiration is recommended 

• Enclose the Correct Fee
• the renewal fee is $460.00 dollars
• Enclose Required Evidence 
• Do not resubmit any documents that have been previously submitted
• Enclose evidence of:
•  known criminal activity
•  travel since last DACA request
• removal hearings
• Ensure Continued Eligibility  for DACA
• seek legal advise if you have:
•  departed from US after the original DACA grant
•  have not been residing in the US since you received DACA 
• have any new criminal convictions 
• have dropped out of the education program that you have been previously enrolled in
• Applicants with "Expired" DACA
• you can file for renewal withing one year of your old DACA expiration date
•  after one year of a lapse, you must file a new application 
• Fee Waivers
• Fee waivers are eligible in limited circumstances, for example, if an applicant incurred $10,000 in major medical expenses
• Consider the Need to Register Selective Service

How to File DACA Rewal Request

An applicant who was granted DACA and who continues to meet the eligibility guidelines may file a DACA renewal request.   DACA beneficiary may apply for a renewal 120 days before the expiration of her or his current employment authorization card or DACA.  The same type of forms will be used to request the renewal; updated forms should be released by the USCIS in the near future.   The fee remains the same; the applicant needs to submit $465.00.