DACA Update
DACA Immigration Lawyer in Chicago – Final Rules 2022
Due to the Texas’s case Texas, et al., v. Texas (July 2021) halting adjudication of all initial DACA cases, USCIS is currently not permitted to approve any NEW DACA applications, although they are still accepting them and putting them on hold. If you are already a DACA recipient and need to renew your DACA, as of today, USCIS is still adjudicating DACA renewals. If you have submitted a NEW DACA application before the Texas’s Federal Judge’s decision, your case will remain on hold with USCIS while the court order is in effect.
November 2022 – DACA Updates
The Department of Homeland Security’s final rule to preserve and fortify Deferred Action for Childhood Arrivals (DACA) went into effect on Monday, October 31, 2022. This means that DACA is now based on a formal regulation, which will help preserve and fortify the program while it continues to be discussed in court. Previously, DACA was based on a policy memorandum that then-DHS Secretary Janet Napolitano issued on August 15, 2012. Since the beginning of DACA program, over 800,000 young people have been able to stay with their families and contribute to their communities in the United States.
Do you want to know more about other immigration options? As one of the top 10 immigration law firms and with over 100 five star reviews and 30 years of collective experience, we are equipped to guide you through the maze of immigration! Call (773) 687-0549 today to speak with our Chicago immigration attorney. We speak 中文, español, français, italiano and Portuguese.
What does this 2022 DACA Final Rule mean?
The 2022 DACA final rule is the result of a careful review of more than 16,000 comments received during the public comment period. It formalizes existing DACA policy, with only a few changes, and replaces the 2012 Napolitano memorandum. If you’re wondering who can apply for DACA in 2022, the final rule have some answers to this questions. Please is a summary of what the 2022 DACA Final Rule touched on and how it impact potential DACA recipients in Chicago and around the whole United States:
The final rule says that:
- If you already have DACA, your deferred action, employment authorization, and advance parole will still be valid under the final rule.
- DACA does not give you lawful status, but people with DACA are considered to be lawfully present for certain purposes.
- USCIS still cannot adjudicate new DACA application.
- If you have DACA, it is still valid. USCIS will keep processing requests to renew DACA and employment authorization under the final rule.
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How DACA contributes to the US economy
September 2021 – President Biden’s Proposed DACA Rule
On 9/27/2021, the Department of Homeland Security announced a proposed rule regarding Deferred Action for Childhood Arrivals or DACA. The proposed rule aimed to preserve DACA program and fortify it against future legal challenges. By November 2021, we will find out whether this proposed legislations will pass into law. In comparison to the current DACA program, the proposed rule highlights the following important aspects:
| CURRENT DACA PROGRAM | 9/27/2021 PROPOSED DACA RULE | |
| Eligibility Criteria | – Were under the age of 31 as of June 15, 2012 – Came to the United States before reaching your 16th birthday, even if born prior to June 15, 1981 – Have continuously resided in the United States since June 15, 2007, up to the present time – Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS; – Had no lawful status on June 15, 2012; – Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and – Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. | No Change |
| Filing Fees | Form I-821D (DACA): $0 Free | $85 might include biometric fee |
| Biometric Fee: $85 | ||
| Employment Authorization: $$410 (required) | $410 (optional) | |
| Employment Authorization | Required to be filed concurrently with DACA | Optional |
Do you want to know more about other immigration options? As one of the top 10 immigration law firms and with over 100 five star reviews and 30 years of collective experience, we are equipped to guide you through the maze of immigration! Call (773) 687-0549 today to speak with our Chicago immigration attorney. We speak 中文, español, français, italiano and Portuguese.
DACA Development Timeline
Other Important DACA updates from our Chicago DACA immigration Lawyer
* As the rules and legality of DACA changes rapidly, the information below is for your reference only and might not be up to date.
- 7/28/2020 – Department of State Acting Secretary Chad Wolf issued a memo, once again putting DACA program on hold while they are reconsidering the DACA program.
- 7/17/2020 – Supreme Court ordered USCIS to accept NEW DACA applications.
- 6/19/2020 – The restart of DACA
- 9/05/2018
In an August 31, 2018 opinion, the U.S. District Court for the Southern District of Texas refused to issue a preliminary injunction that would stop the processing of DACA renewal. This means the current situation regarding DACA renewal remains unchanged since our last update on August 7, 2018.
If you have an approved DACA application that needs to be renewed, you should do so as soon as possible. Also, you should not travel outside of the U.S. as there is no guarantee that you will be allowed to re-enter the U.S.
Other options beyond DACA
If you are undocumented and DACA is not an option for you, you should seek help from an experienced immigration lawyer. There maybe options available to you such as I-601 Inadmissibility Waiver, I-601A Provisional Waiver or other humanitarian based protections. At Cipolla law group, we have excellent record of helping undocumented immigrants to gain their legal status in the U.S. Contact our immigration law firm today for a confidential consultation.
- 8/23/2018
The Deferred Action for Childhood Arrivals (“DACA”) is a program that was implemented during the Obama Administration in 2012 that offers renewable, 2-year grants of deferred action to certain undocumented immigrants who entered the United States as children. Under DACA, people who immigrated to the US when they were younger than 16 and have lived in the U.S. continuously since 2007 are eligible to defer deportation, attend school, and receive two-year work permits. Around 800,000 individuals have received DACA.
Can I apply for DACA if I meet all the DACA requirements?
Based on the August 3, 2018 U.S. District Court’s order, the USCIS is still accepting and processing DACA renewal applications for eligible DACA recipients who have previously been approved for DACA. However, if you do not have a DACA or have never applied for DACA, you will not be able to file a DACA application at this moment as the USCIS is not accepting new DACA cases. If you are undocumented and DACA is not an option for you, you should consult with an experienced immigration lawyer and find out what other immigration options are available for you such as a I-601 Waiver, I-601A Provisional Waiver or other humanitarian based visas.
September 5, 2017
Attorney General Jeff Sessions announced that the Trump Administration was rescinding the DACA program. That same day, the Department of Homeland Security (DHS) issued a memorandum making the rescission effective immediately.
September 18, 2017
The National Association for the Advancement of Colored People (NAACP) filed a lawsuit challenging the rescission of the DACA program (NAACP v. Trump).
April 24, 2018
U.S. District Judge John D. Bates issued an order vacating the decision to rescind DACA, requiring DHS to accept and process both new and renewal DACA applications.
June 22, 2018
DHS Secretary Kirstjen Nielsen issued a new memorandum.
August 3, 2018
U.S. District Judge John D. Bates reaffirmed the court’s conclusion that the DHS’s September 2017 decision to rescind the DACA program was unlawful and that the Trump Administration must fully restore the DACA program. Thus, it denied the government’s motion to reconsider the Court’s April 24, 2018 order.
August 6, 2018
Attorney General Jeff Sessions issued a statement in response to the Court’s August 3, 2018 order, stating that the “Department of Justice will take every lawful measure to vindicate the Department of Homeland Security’s lawful rescission of DACA.”
August 23, 2018 – What could happen?
The D.C. District Court delayed the implementation of the order for 20 days until August 23, 2018 to allow the government to determine whether it intends to appeal the Court’s decision and seek a stay pending appeal. This means that the DHS September 5, 2017 memorandum rescinding DACA will be vacated on August 23, 2018 unless the government appeals the decision and/or obtains stay of the court’s order pending appeal. If the court’s order goes into effect on August 23, 2018, the original DACA program will be restored in full and USCIS will be required to accept both new DACA application and DACA renewals.
Contact an experienced Chicago DACA lawyer in Illinois
If you entered the U.S. without inspection when you were a child and want to find out whether you’re eligible for DACA or other forms of immigration benefits, contact our Chicago DACA lawyer for a consultation. While there are many uncertainties about DACA, we are hopeful that there will be a permanent solution for DACA recipients or individuals who are in similar situation. Also DACA provides a certain degree of benefits but there might be other immigration options available to you
Contact our Chicago DACA Immigration lawyers today for a detailed and confidential consultation. We are located in downtown Chicago and Lincoln Park area. We speak Spanish, Cantonese, Mandarin Chinese, French, Italian and Portuguese.