President-elect Trump Will Likely Retroactively Cancel DACA!
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.
Further, DACA recipients can apply for a travel permit if the travel abroad will be in furtherance of:
- humanitarian purposes, including travel to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative;
- educational purposes, such as semester-abroad programs and academic research, or;
- employment purposes such as overseas assignments, interviews, conferences or, training, or meetings with clients overseas.
More importantly, when a DACA recipient returns from their trip abroad and are admitted back into the U.S., they will be granted legal status as a parolee. This means that they are then eligible to apply for and receive permanent residence in the U.S. even if they previously entered the U.S. without inspection!
Given that Trump has promised to undo and erase everything that President Obama accomplished advancing protections, benefits and rights for millions of immigrants and undocumented aliens, it is imperative that all DACA recipients take action NOW! If a DACA recipient has a potential sponsor that can petition for them, get started now. If there are prior admission issues, get the travel permit, leave the U.S., return to the U.S. and get the petition filed ASAP!
President-elect Trump has made alot of promises during his fear mongering campaign to drastically change our country’s immigration laws. He clearly has a hatred towards immigrants and will likely sign executive orders punishing all those who are here in the U.S. without legal status. It is unknown whether he will be a man of his word as to his anti-immigration hate-filled platform, but just like the results of the presidential election, you never know what can happen. Do not delay! All immigrants and undocumented aliens should take action now before Trump takes office in January 2017.
Please note that the information we are providing here in our website is not meant to create an attorney-client relationship nor is it to be relied on as legal advice. For a free legal consultation by phone with attorney Thomas M. Lee, please call us or send us an email.
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