Who should file an initial DACA application?

202007.08
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by on July 8, 2020 in Blog, English
Hi friends! We are receiving many questions about who can file an initial DACA application. This is an English video of general immigration updates where I explain who should file for a new application, what is happening with USCIS workers who will be furloughed in August and what that means for your case, and what Trump’s recent Executive Orders mean for the foreseeable future.

1. Can I file an initial DACA application?

Now is the time to get your application in if you qualify! The Supreme Court ruled that the Administration has to follow proper procedure in order to shut down DACA. We believe that it will take Trump too long to submit and process the necessary paperwork, and that he won’t have time to make another move against DACA until after the election, which will hopefully vote him out. Although there is a difference in opinion right now, we do recommend that you begin your initial DACA application as soon as you are ready. Based on The Court’s decision, initial DACA applications should be submitted and processed as they were before the injunction. I also discuss all of the possible outcomes of submitting an initial DACA application at this time. If I were a dreamer, I would do it as soon as possible because there is a window of opportunity where the law of the land is The Supreme Court’s decision. We are accepting both clients who wish to submit their initial DACA app right away and those who would prefer to wait to submit after the first wave of applications begin to be processed.

2. What is happening with USCIS laying off employees – will that affect my case processing?

USCIS is an agency that depends on the filing fees that immigrants pay for their various cases. They are low on funds because of the decrease in application submissions. As a result they will be temporarily laying off over 70% of their workforce beginning in August. I encourage you to call your congressperson to prevent this from happening. Additionally, filing fees will increase significantly very soon. Be sure to get your cases filed before you miss the deadline!

3. What about asylum, interviews, court hearings?

The good news is, some case processing times are speeding up! So it’s possible you may not need to wait for as long as usual for a green card or work permit. EOIR and MPP cases will be open after July 17 or perhaps later. Detained cases are still going forward! Unfortunately, thousands of immigrants are still detained in detention centers. Please reach out to us if you know someone in detention who needs our help. In regards to Trump’s recent Executive Orders, how they will play out remains to be seen. We don’t know whether in fact these proclamations will still be in effect once the consulates actually start to open.

4. COVID Updates

Any non-essential travel on a tourist visa is currently prohibited. Please wear your mask when you go to any public place. This is not a political issue. It’s a safety issue. It’s about our lives. Please stay home as much as possible.
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