2:17 PM
Causa Oregon
On
Jan. 9th, 2018, a Federal District Court judge in California issued an order
mandating that USCIS resume accepting DACA applications for most individuals
who have previously been granted DACA.
Although the Trump administration is appealing this order to higher
courts, until further notice, DACA renewals will be accepted, based on the
terms in place before it was rescinded on Sept. 5, 2017.
1) Who is eligible to apply?
Anyone
who has previously been granted DACA is eligible to apply. Depending on when your DACA expires (or
expired) there are different processes for completing your application (explained below).
IMPORTANT: Only individuals who have previously been
granted DACA are eligible to apply under this court order. If you have never been granted DACA in the
past (even if you would have previously been eligible to apply), you CANNOT
apply under this order.
2) How do I apply?
a.
If your DACA is EXPIRED:
1. If your DACA expired ON OR AFTER Sept 5th, 2016
you may send USCIS a DACA Renewal Application:
· Forms to fill out: Form I-821D,
Consideration of Deferred Action for
Childhood Arrivals; Form I-765, Application for Employment Authorization; and
Form I-765WS Worksheet.
2. If your DACA expired BEFORE September 5, 2016, you must
complete an INITIAL DACA application:
· All
applicants must include the date their DACA expired or will expire on Part 1 of
the Form I-821D, and complete all sections of the I-821D (including those
indicated as “for initial applications only”).
·
All
applicants must include the supporting documentation necessary for an initial application
(including proof that the applicant meets the education requirement, proof of
entry before age 16, proof of continuous presence and related documents).
b.
If your DACA is NOT YET EXPIRED:
1. If your DACA expires in the next
150 days:
·
You should be able to file to
renew your DACA status using Forms I-821D, I-765 and I-765WS.
2. If your DACA expires in MORE than
150 days:
·
It is unclear if USCIS will
adjudicate these applications.
Applicants can submit applications, but USCIS may reject them or decline
to process them.
3) What are the risks of applying?
a.
There is no guarantee that USCIS will fully process your DACA
application. The Trump administration
is appealing this decision and a higher court may allow USCIS to stop
processing these applications.
b.
You may lose your $495 application fee.
c.
Any new information you submit to USCIS, including personal
information such as your address and criminal history, may be shared with
immigration enforcement agents. Although
USCIS says it is only sharing this information in certain limited circumstances
right now, that could change in the future.
4) Remember: The DACA Renewal window is temporary. If you and a trusted
legal service provider determine you qualify, apply immediately!
a. The
Department of Justice has appealed the DACA decision and is looking to take
this fight to the Supreme Court.
b.
Join a
local DACA Renewal Workshop / Clinic on January 27th at the Mexican Consulate
in Portland, find more information at www.oregonimmigrationresource.org/events.
c. More
events may be scheduled, check www.oregonimmigrationresource.org/events
for additional information.
5) The fight to pass a CLEAN DREAM ACT continues!
a.
Legislation like the Dream Act is the only permanent solution.
Continue to organize!
6) Know Your Rights!
a.
Remember, if you encounter an ICE agent
or police officer, you have the right to:
1. REMAIN
SILENT
2. SPEAK
WITH AND BE REPRESENTED BY AN ATTORNEY
3. NOT
SIGN ANYTHING
4. DENY
ENTRY TO YOUR HOME (without a signed judicial warrant)
7) Consult with an attorney or trusted legal service
provider to determine if you qualify
a.
Understand your legal options & find out if you might be
eligible for a permanent immigration benefit. Visit this legal directory to find an immigration attorney near you.
Source: National Immigration Law Center, CASA & The
Resurrection Project (Updated: 1/16/18)
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