Texas v. United States Reduces Work Eligibility!

3 Year EADs recalled for DACA recipients

The Court in Texas v. US stopped the ability of the federal government to issue work eligibility cards ( employment authorization document or EAD cards) beyond 2 years as allowed under current regulations for DACA eligible recipients.  About 2000 EADs had been issued with a 3 year expiration.  Any 3 year EAD issued after February 16, 2015 has to be returned to USCIS.  About 1200 EAD cards have been returned.  A second letter has also been issued to recipients of 3 year EAD cards.   The last date to return cards is July 17th, 2015.  The letter states that non return can affect deferred action and employment authorization.

3 Year EADs reduced to 2 years eligibility following Texas Court Order

In addition to other measures that are underway, the three-year DACA grants and EAD cards have been invalidated for all of these individuals and changed to two years; the SAVE database that states use to verify eligibility for driver’s licenses and other state benefits has been updated to reflect the two-year authorizations for all of these individuals; and USCIS has now sent two rounds of individualized letters demanding the return of the three-year EAD cards and warning recipients that a failure to return the card could affect their deferred action and employment authorization.

Applies only to DACA holders

This action applies only to DACA EAD cards issued for 3 years.  The 3 year authorization has been reduced to a 2 year eligibility to work.  The Court’s order applies to all 50 states even though it was issued in Texas.

 

 

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EAD – Renew Early

U.S. Citizenship and Immigration Services (USCIS)  is reminding recipients of Deferred Action for Childhood Arrivals (DACA) that their current period of DACA and employment authorization could expire if they wait too long to request renewal.

Please apply for a renewal at least 150 to 120 days before your current period of DACA and employment authorization will expire. Timely filing will help ensure USCIS has sufficient time to consider your request.  On March 27, 2015, USCIS began mailing renewal reminder notices to DACA recipients 180 days prior to the expiration date of their current period of DACA. Previously, these reminder notices were mailed 100 days in advance.

USCIS is accepting initial and renewal requests for two-year grants of DACA under the guidelines established in 2012. A federal district court order issued on February 16, 2015, enjoining USCIS from implementing the expanded DACA guidelines did not impact USCIS’ ability to continue processing DACA requests under the 2012 guidelines.

Applicants can request renewal of DACA if the initial DACA guidelines are met and the applicant:

  • Did not depart the United States on or after August 15, 2012, without advance parole;
  • Has continuously resided in the United States since submitting the most recent, approved DACA request, up to the present time; and
  • Has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety.

Call or email Mahadevan Law Office at 314 74 8784 or nsm@mlolaw.us

Nalini S Mahadevan, JD, MBA

Attorney at Law.

Not meant as legal advice!

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Secretary Johnson Announces Process for DACA Renewal

In early June, Secretary of Homeland Security Jeh Johnson released the procedure for individuals to renew their enrollment in the Deferred Action for Childhood Arrivals (DACA) program. The Federal Register now has the updated form that individuals, who were already enrolled in DACA, can use to extend their deferral for two years. USCIS has already begun taking forms for renewal. USCIS is also taking forms from those who were not previously enrolled in DACA. Over 560,000 individuals have enrolled in DACA since April 2014.

The DACA approvals for those who were already enrolled will start expiring in September 2014. To prevent deferral and an interruption in employment authorization, individuals must re-enroll for the program before their approvals expire—according to USCIS, individuals should re-enroll at least 120 days, or four months, before their deferred action lapses.

DACA defers removal action for certain individuals, and allows them to stay in the US and acquire employment authorization for two years. Individuals who were not previously enrolled in DACA, but meet DACA’s guidelines, may still apply for deferral. Only those who have steadily lived in the US since June 15, 2007 are qualified for DACA.

Individuals can re-enroll in DACA if they meet these guidelines:

  • Did not depart the US on or after Aug. 15, 2012, without advance parole;
  • Have continuously resided in the US since they submitted their most recent DACA request that was approved; and
  • Have not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

You may renew your enrollment in DACA by filling out the new Form I-821D “Consideration of Deferred Action for Childhood Arrivals,” Form I-765 “Application for Employment Authorization,” and the I-765 Worksheet. Form I-765 has a filing and biometrics fee of $465. USCIS will also run a background check on DACA renewals.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Copyright 2014. All rights reserved.

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DACA Applications Received and Approved

Since the Obama Administration announced the Deferred Children for Childhood Arrivals (DACA) Memorandum, which allows immigrants who meet certain requirements to apply for deferred action, 53,273 applications have successfully gone through the entire approval office and been accepted.

A total of 308,935 applications have been submitted for approval since August — 298,834 of those applications have been accepted for the approval process; 10,101 have been rejected; 273,203 have been scheduled for biometrics; and 124,572 are still under review for complete approval. Almost 4,827 average requests are filed per day.

Of the top countries of origin, Mexico is the highest with 212,514 applications received to date. The other top countries are El Salvador, Honduras, Guatemala, Peru, South Korea, Brazil, Colombia, Ecuador and the Philippines. Of the top states of residence, California is the highest with 81,858 applications received to date. The other top states of residence are Texas, New York, Florida, Illinois, North Carolina, Arizona, New Jersey, Georgia and Virginia.

There is no application deadline for DACA.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan

Copyright 2013. All rights reserved.

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