On June 18, 2020, the U.S. Supreme Court ruled that Department of Homeland Security’s (DHS) decision to rescind the Deferred Action for Childhood Arrivals (DACA) program was arbitrary and capricious under the Administrative Procedures Act because the DHS failed to consider important aspects of the problem – whether to continue only the deferred action part of the DACA program. DHS failed to provide a reasoned explanation for its action and also failed to address the considerable reliance interests created by the DACA program, such as the impact on Dreamers and their families, if the agency terminated DACA.
The parties agreed that DHS may rescind DACA. The Court remanded the case for further consideration.
Under the US Supreme Court decision, USCIS must continue to process the following types of DACA requests:
- Current DACA recipients can file a renewal DACA request.
- Recipients whose previous DACA expired one year ago or less may still file a renewal DACA request.
- DACA Recipients whose previous DACA expired more than one year ago cannot file a renewal DACA request but may file an initial DACA request.
- DACA recipients whose previous DACA was terminated at any point cannot request DACA as a renewal but may file an initial DACA request.
In order to comply with the Court’s order, USCIS will have to publish guidance on processing the applications of applicants who have not previously been granted DACA and advance parole requests that were suspended under prior court orders.
Please note that this article does not constitute a legal advice. We simplified the law in order to outline the latest DACA developments. If you would like to discuss if you may qualify for DACA or the best strategy after the US Supreme Court decision, call our experienced immigration attorney at 480-425-2009 or contact an experienced immigration attorney via our website to schedule a consultation. We look forward to discussing how we can help you with DACA application.
On June 22, 2020, President Trump signed a proclamation suspending and limiting the U.S. entry of foreign nationals on H-1B, H-2B, J (as intern, trainee, teacher, camp counselor, au pair, or summer work travel program) and L visas and any individuals accompanying or following to join them.
The proclamation applies to those who are outside the U.S. on June 24, 2020 and do not have such non-immigrant visa or official travel document that is valid on that day.
The suspension and limitation on entry does not apply to lawful permanent residents, spouses and children of the U.S. citizens, essential workers, individuals whose entry would be in the national interest.
The proclamation shall expire on December 31, 2020, and may be continued.
Please note that this article does not constitute a legal advice. We simplified the law in order to outline the Proclamation. If you would like to discuss how does this Proclamation affect you, call our experienced Immigration Attorney at 480-425-2009 or contact an experienced Immigration Attorney via our website to schedule a consultation. We look forward to talking with you and helping you analyze the effect of the Proclamation and your alternatives.
A woman that has been brought to the United States from Mexico when she was 3 years old (let’s call her the “Dreamer”) came to my office with her husband who is a U.S. citizen. They had been married for 2.5 years and have three children born in the United States. We discussed the Dreamer’s options and the Dreamer has decided to request the Consideration of Deferred Action for Childhood Arrivals (“DACA”). She had a high school diploma and met the residency and other requirements for DACA approval. DACA was approved and she received her work authorization. Then, we filed a petition with the Dreamer’s husband as the petitioner. The petition was accompanied by supporting documents sufficient to rebut the presumption of marriage fraud. The petition was approved. Meanwhile, the Dreamer’s mother in Mexico was seriously ill and we applied for advance parole to allow the Dreamer to travel to Mexico to visit her mother. The advance parole was approved and the Dreamer traveled to Mexico, visited and helped her mother and entered the United States legally. Once the Dreamer entered the U.S. legally and met all other requirements for legal permanent residency, we filed her green card application. The application processing time in Phoenix is now more than one year. Finally, we attended an interview with the Dreamer and her husband, the application was approved and her green card has arrived. It was nice to see the happiness in her eyes to finally feel relieved that at age of 31 after living in the United States for 28 years illegally in fear, she does not have to worry that she will be deported and taken from her family. She is very appreciative for my help in guiding her through this process!
If you are facing similar circumstances or know someone else facing similar circumstances, call the immigration attorney Irena Juras at 480-425-2009 or reach us via email to schedule a consultation to discuss how we can help you!