New Regulations For "Dreamers"
"El Show Sin Fronteras"
Spanish Video Above Translated In English Below
Our broadcast was hosted by Austin immigration attorney Kate Lincoln-Goldfinch, Fidel Campuzano who is the firm's administrator, and Karla Arevalo, who is always attentive to our viewers' calls and is in charge of our Customer Care. The topic they discussed was the latest DACA news, and the updates for "Dreamers".
Latest DACA News
As we could notice on the latest DACA news, the program suffered several attacks and attempts to be terminated during the previous administration. Likewise, the Texas Attorney General, along with 8 other Conservative States, filed a lawsuit arguing that the program was not legally constituted.
This argument was deemed by Judge Hanen to be valid because when the program was instituted in 2012 under the Obama administration it did not go through the legal process.
The process includes a 60-day public comment period before being approved.
Because of this, the Judge ordered a halt to the program, only allowing renewal applications to be accepted and processed.
In previous days we had commented that a budget bill was pending in Congress. The bill was approved but without the part that involved a percentage of the budget for a definitive immigration solution for the "Dreamers".
Today, September 27, 2021, President Biden announced that tomorrow they will propose a new rule that will be subject to a 60-day public comment period.
This new regulation is basically the same DACA program, with exactly the same requirements to apply.
Unfortunately, none of these requirements were modified to include a larger number of people, however, this is good news for "Dreamers".
Attorney Kate advised all those who meet the requirements and wish to file their initial DACA application to start collecting all the necessary evidence to prove presence in the country since 2007 and other required documentation, in addition to saving the necessary money.
If you were attending any level of education, transcripts can help you prove a permanent presence.
If you were not studying, you can prove it by collecting documents such as lease contracts, tax forms, gym payments, cell phone payments, utility payments, etc.
What is important is that your name, a U.S. address, and the date are visible. To prove your presence before 2007 you do not need to have some kind of entry stamp or an official document, just a document proving presence in the country, similar to the ones mentioned above.
Who Can Comment On This Law?
Anyone, whether individuals or organizations, can comment on this bill. It is also possible to contact the members of Congress of your choice to ask them to support this initiative and comment during the comment period as well as to introduce legislation that would provide permanent status for "Dreamers".
What the current administration is doing is really a temporary solution, obviously very important, but it does not amount to permanent immigration status.
Initial DACA Application Requirements
The latest DACA news confirms the requirements for an initial application remain broadly the same:
- Have been in the United States before June 15, 2007, and have been present on June 15, 2012 (without lawful status).
- Have entered the country before their 16th birthday
- Have been continuously present since entry without having left for extended periods of time or undergone forced departures (deportation)
- Not have committed an aggravated felony (Sentences of more than 90 days)
- Have taken the GED (General Educational Development Test) or by taking a course to take it.
If you are already a beneficiary of the program, it is advisable to send your renewal documents 120 to 150 days before your permit expires.
Kate, an experienced immigration attorney, explained to us that when evaluating a DACA case, not only the court documents but also the applicant's criminal history must be taken into account.
Each case is different and will depend on what charges have been filed, what the judge's final decision was, whether they were "dismissed," etc.
Many factors come into play in each case, so it is always advisable to consult with an immigration attorney. One thing that has been confirmed is that people who have a DWI (Driving While Intoxicated) conviction will not be able to apply for DACA.
An example of this was a comment we received on Facebook that read as follows:
"I have felony record since 1991, but [I] did do what I am accused of. Since I had just served 17 years [of my sentence] they told me to plead guilty and they will release me from County Jail and they did release me but it has affected me all my life because of my criminal record (...) I applied for asylum 2 times but because of my record they always denied me [the application] (...)".
For cases as complex as this one, it is necessary to consider all the options: all your entries and exits from the country, the cases you have filed with immigration, and all the variables that exist.
The advice for this person is to contact us for a completely free legal consultation, where you can share with us all this information confidentially.
Attorney Kate clarified that it is not necessary to have taken and passed the General Education Development Test or GED. There are many institutions where you can take a course to take it within the state of Texas, and after 3 or 4 weeks of taking the course, you can obtain a certification issued by them.
This certification is sufficient to meet the requirement for an initial DACA application.
We received the following comment via Facebook:
"Since the president has not expanded the DACA program, is there anything the state of Texas could do if the climate were a little friendlier?"
According to Attorney Kate, the most important thing would be to have a different State Attorney General, as the one currently in place is known for not favoring pro-immigrant laws.
One of his goals was to build a wall using tax money paid by Texas residents, he has been filing lawsuits against the Biden administration over the DACA program or regarding his deportation priorities; every policy Biden has announced helping the immigrant community has been sued by the Attorney General.
Here at Lincoln-Goldfinch we are excited to hear the new news and hope that the immigration situation continues to change for the better for the immigrant community. If you have additional questions regarding the DACA news or Initial Applications feel free to call us at (855) 502-0555. You can follow us on our social networks Facebook, Instagram, TikTok, and Youtube to stay tuned with the latest updates.
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