DACA offers temporary protection and work authorization for childhood arrivals in the U.S. Key points to remember:
- Temporary status
- No pathway to citizenship
- Subject to change
- Seek legal counsel
- Risks involved
Stay informed and protected within the DACA framework. Check out the article below!
A federal appeals court ruling in early October 2022 found the original 2012 DACA policy to be unlawful and remanded the case back to the district court for further proceedings per the new regulations. Subject to current court orders, as of October 31, 2022, current DACA approvals and work authorizations remain in effect, and the Department of Homeland Security will continue to process DACA renewal requests and related requests for employment authorization. It is also accepting initial DACA and employment authorization requests, however, it cannot process initial requests under the current court orders, so these requests remain on hold.
Here are some key points to keep in mind when it comes to the ins and outs of DACA:
First, DACA is not a permanent immigration status. It is a temporary program that provides protection from deportation and work authorization for a period of two years, with the option to renew. To be eligible for DACA, individuals must have arrived in the United States before the age of 16 and have lived in the U.S. continuously for at least five years.
Second, DACA does not provide a pathway to citizenship. While DACA recipients can apply for work authorization and obtain Social Security numbers, they are not eligible to apply for permanent residency or citizenship,
Third, DACA is subject to change. The program has been the subject of ongoing legal challenges and political debates, and its future is uncertain, While the program has been upheld by the Supreme Court, the current administration has indicated that it may seek to end the program or make changes to its eligibility requirements.
Fourth, it's important to consult with an experienced immigration lawyer if you are considering applying for DACA or if you are a current DACA recipient. An immigration lawyer can help you navigate the application process, understand your legal rights and obligations, and provide guidance on any changes to the program.
Finally, it's important to be aware of the risks of applying for DACA. While the program provides temporary protection from deportation, it also requires individuals to provide personal information and undergo a background check. If the program were to be ended or if your application were to be denied, this information could be used against you in future immigration proceedings.
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