DACA
DACA is not dead, but it isn’t fully alive either. DACA provides protection to about 800,000 young people for several years, but was terminated by President Trump on September 5, 2017. Then, in January of 2018, a U.S. District Court Judge ordered the Department of Homeland Security to continue accepting DACA applications from people previously approved for DACA. Most recently, a U.S. District Court judge ordered the Biden administration to stop approving initial DACA applications.
Parts of the DACA program remain blocked, but people who were previously approved for DACA may file a renewal application. Read the FAQs below and contact me to learn more.
Frequently Asked Questions
My DACA is going to expire. What should I do?
A Federal Judge ordered the Biden administration to stop approving initial DACA applications. Renewal application are allowed for people who were previously approved. To be eligible for a DACA renewal you must have valid DACA or you must be within one year of your DACA expiration date. Once you are more than year beyond your DACA expiration date your application will be processed as an initial DACA application, which the government is not approving at this time.
I have DACA and I was arrested for a DUI. What should I do?
A DUI conviction will disqualify you from DACA. If you are in Colorado you may be able to save your DACA by getting a deferred sentence to a DWAI. Once you successfully complete the sentence and get the case dismissed you will not be automatically disqualified from DACA. Other states may have similar options. A lawyer with expertise in the immigration consequences of criminal convictions may be able to help you prevent the revocation of your DACA.
I have DACA and I am married to a U.S. citizen. Does my DACA help my residency case?
Yes, in many cases having DACA could help your green card application. For example, a DACA recipient may include his or her own income on the affidavit of support. Another important benefit of DACA is that you do not accumulate unlawful presence in the U.S. while your DACA is valid. This means that some people with DACA will not need an unlawful presence waiver in order to obtain residency through consular processing. If you do not need a waiver you would save thousands of dollars on your case.
Can I travel to another country with DACA?
Yes. You may be able to travel abroad with advance parole for humanitarian, employment or education-related reasons. Trump ended travel for DACA recipients but a Federal Court order reinstated advance parole.
