DACA was disgracefully rescinded on September 5, 2017 by the Trump Administration.
If you are a DACA holder, please read the notes below very carefully!!!
- DACA recipients who are eligible to renew, whose work permits expire on or before March 5, 2018, are able to apply for renewal of their DACA by October 5, 2017. The last day to have your application received by USCIS is October 5, 2017. If you have a DACA work permit and your status expires before March 5, 2018, I recommend submit your renewal as soon as possible. If you are my client or otherwise would like me to represent you in this, please come to our office no later than October 2, 2017, to renew your DACA. This will presumably be the last opportunity to apply for a work permit and another two years in Deferred Action status.
- We will continue to charge $300 to process DACA renewals in the next month. The USCIS filing fee is $495. Please call the office and we will do our best to accommodate you in applying to renew as soon as possible.
- If you have DACA and your status expires after March 5, 2018, your work permit will be valid until its expiration date but you will not be able to renew your DACA status in the future.
- All pending applicants for DACA-based advance parole (travel permits), as of 9/5/2017, will have their cases administratively closed and their fees returned. As of 9/5/2017, there is no longer the possibility to apply for or receive advance parole based on DACA status. If you have a pending application for advance parole, please watch your mail for your fee to be returned to you by USCIS.
VERY IMPORTANT - if you have possible other relief available to you - through a United States citizen or lawful permanent resident spouse, another family petition, a U visa (have you ever been the victim of any violent crime?) please talk to me (or another qualified immigration attorney) as soon as possible.
We do not know what will happen when DACA permits start expiring. You will go back to not having a protected status, not having employment authorization, and if you live in most states including Wisconsin, not being able to drive legally. It is hard to imagine that ICE will start actively/aggressively detaining Dreamers, but this is, after all, the Trump Administration. If you have other relief available, most commonly the possible eligibility for a U visa or if you are married to a United States citizen or permanent resident, or in a relationship or engaged to a United States citizen or permanent resident, the time is now to start the process. You may have other deportation defenses as well.
The sliver of hope is that Congress will pass some sort of permanent immigration reform, something akin to the Dream Act, which would provide an opportunity for Dreamers/DACA holders to apply for their green card. I wish I could be more hopeful about the prospects of this, but we really do not know what will happen in the future. We have a very dysfunctional Congress and it is difficult to imagine enough of them doing the right thing, especially in six months. I hope I am wrong.