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OPENING PATHS TO OPPORTUNITIES!
The immigration field is changing rapidly and news arrives quickly along with misinformation and rumors. Our office stays abreast of the latest immigration developments and is committed to keeping you up to date.
Latest Development in the Reconsideration of the DACA Policy
Since the Obama administration announced Deferred Action for Childhood Arrivals, or DACA, in June 2012, more than 700,000 individuals benefited from temporary protection from deportation and employment authorization. In September 2017, the Trump administration decided to rescind DACA and began taking steps to wind down the program. Several lawsuits challenging the rescission of DACA ensued.

On June 18, 2020 the U.S. Supreme Court held that the DACA rescission decision violated the Administrative Procedures Act and must be vacated. It remanded the three consolidated lawsuits to the lower courts for further proceedings consistent with its opinion.

On July 28, 2020, the Department of Homeland Security provided a memo outlining the next steps for the program. In summary, it established that: 
  1. No new first-time DACA applicants would be approved
  2. The two-year renewable permit for those people that already have DACA would be lowered to one-year renewal periods
  3. Travel permits for those that already have DACA will not be approved. 
 
On August 24, 2020, U.S. Citizenship and Immigration Services provided guidance on how it will implement the June 28 Memo. Under the implementing guidance:
  • USCIS will reject all initial DACA requests from applicants who have never previously received DACA and return all fees
  • USCIS will continue to accept requests from applicants who have been granted DACA at any time in the past 
  • USCIS will accept properly submitted requests for advance parole, however, the applicants will need to meet a higher “exceptional circumstances” test
  • DACA renewal will be limited to one year at a time instead of two years
  • USCIS will generally reject requests received more than 150 days before the current grant of DACA expires.
Meet a "DREAMER"
Daniela Pierre Bravo is a producer on MSNBC’s “Morning Joe," co-author of "Earn It!," contributor to NBC’s Know Your Value and columnist for Cosmopolitan Magazine. You can find her @dpierrebravo. Her story exemplifies what a lot of the DACA recipients feel. She expresses that “the failed inaction to create a permanent solution for the DACA program is like asking [people] to walk barefoot on an unpaved path filled with rocks and without any road signs in sight — you just have to keep walking, cautiously, hoping to find a sense of direction ahead.” She and many like her, known as “Dreamers,” are tired of the uncertainty that continues to linger for them due to the U.S. government’s lack of a permanent solution for the Dreamers. 
 
She says "Growing up undocumented, I've slowly learned how to navigate constant uncertainty. But it's come at a mental and physical cost.I'm learning to manage the burnout by letting myself feel the rollercoaster of emotions as they come: shame, guilt, fear, uncertainty and, finally, talking through it with family and loved ones. Whatever outcome is ahead for my long-term legal status, I'm learning that managing my emotional burnout and mental health doesn't define me, but rather is a testament to my own self-worth despite navigating a system that is constantly questioning my worthiness." Daniela explains how she finds self-worth as a DACA recipient in a country that questions her 'worthiness'
Nonetheless, there is hope!
Our firm has helped “Dreamers” find other paths to legalization through family or employment sponsorship.
 
If you or someone you know is a Dreamer and has a fiance, spouse, or employer willing to file a petition for you/them to become a U.S. permanent resident, please reach out to our office so we can explain the steps to legalization.
I-9 Employment Eligibility Verification Accommodations Due to COVID-19 Related Delays in the Production of Employment Authorization Documents
Due to the extraordinary and unprecedented COVID-19 public health emergency, the production of certain Employment Authorization Documents (Form I-766, EAD) is delayed.

USCIS announced that due to EAD production delays, employers may accept Form I-797 Notice of Action with a notice date on or after 12/1/19 through 8/20/20 showing approval of an Application for Employment Authorization (Form I-765) as a List C document for Form I-9 compliance.
 
By December 1, 2020, the date of expiration of the accommodation, employers are required to reverify employees who benefited from the accommodation. These employees will need to present their employers with new evidence of employment authorization from either List A or List C.
 
USCIS encourages employers to accept new EADs presented by employees as soon as they receive them from USCIS prior to December 1, 2020, to satisfy the reverification requirement. However, it is the employees’ choice whether to present their new EADs, or a different document from either List A or List C.
TLF TEAM AT YOUR SERVICE
As a team, TLF strives to open paths to opportunities for clients! Through our immigration practice, we unite couples, help families stay together, assist individuals to make the U.S. their permanent home, and allow businesses to secure their best employee talent.
Cary S. Torres, Esq.
I empower individuals and businesses with knowledge, while helping them develop plans to maximize personal or professional opportunities.
JoAnna M. Dogo, Esq.
I enable aspiring young immigrants to realize their American Dream and assist businesses in securing their talented employees.
Karina Torres
I keep clients informed through effective and compassionate communication.