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DACA
As background, on Oct. 5, 2022 the U.S Court of Appeals for the Fifth Circuit issued a decision on the 2012 Deferred Action for Child Arrivals (DACA) policy. The court partially affirmed the district court´s July 2021 decision declaring the 2012 DACA policy unlawful.
However, the court of appeals preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court for further proceedings regarding the new DHS DACA regulation published on Aug. 30, 2022 and scheduled to go into effect on Oct. 31, 2022.
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At this time, this ruling does not affect current grants of DACA and related Employment Authorization Documents. Thus USCIS will continue to accept and process renewal DACA requests, accompanying requests for employment authorization, and applications for advance parole for current DACA recipients, and will continue to accept but not process initial DACA requests.
DACA Eligibility Requirements:
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Were under the age of 31 as of June 15, 2012;
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Came to the United States before reaching your 16th birthday;
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Have continuously resided in the United States since June 15, 2007, up to the present time;
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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;
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Had no lawful status on June 15, 2012;
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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.
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The attorneys at Antonini and Cohen Immigration Law Group create and defend the opportunity for individuals, families, and businesses to seek and achieve the American dream. We know DACA. Call us to schedule a consultation at 404-850-9394 or visit us online for assistance with any immigration issue you’re facing.
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We at Antonini & Cohen invite you to contact us to discuss your immigration options. After a careful and thorough consideration of your individual history and circumstances we may be able to advise a course of action that doesn’t require a grant of DACA. In some cases we may be able to find you an avenue leading to lawful status. In other cases we may advise that you sit tight to see if congress enacts new legislation to provide some form of relief for foreign nationals hoping to legalize their status. In any event, we will advise you of the various risks and benefits inherent in moving forward on any path involving immigration.
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There is not a one-size fits all answer to immigration. Contact us so we can analyze the right path forward for you and your family. Our offices are open. We are scheduling in-person, phone, and video consultations.