Consumer Advisory DACA after the SCOTUS

Updated: Jun 25, 2020

Four years ago, Agent Orange announced that the Deferred Action for Childhood Arrivals (DACA) program was ending. This impacted almost 800,000 young people who entered the U. S. before age 16 who had temporary protection from deportation and work authorization.

However, the Supreme Court of the United States has spoken. With these words, Chief John Roberts of the Supreme Court of the United States reinstated Deferred Action for Childhood Arrivals (DACA):

“We do not decide whether DACA or its rescission are sound policies,” “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.” “Its failure to do so was arbitrary and capricious.”

Here are ten things to know now about Deferred Action for Childhood Arrivals (DACA).

1. If You Never had DACA. You can NOW apply for the first time. The program has been reinstated. New applications are being accepted by USCIS.

2. If You Have DACA That Expired less than a year ago. If you have received DACA and you are filing within one year after your last period of deferred action expired, you could qualify for an extension.

3. if your DACA expired more than one year ago you must complete a complete new application.

4. If you have not finished school it is not to late to Take GED course! Go to an accredited school!

5. If You Have DACA and a Valid Advance Parole Travel Document. If you have DACA and have a currently valid advance parole document, you may still use the document to travel and return to the U. S. as long as you return BEFORE the document expires. However, even with a valid travel document, CBP can still refuse to let you in under certain circumstances. Before you travel, speak to a lawyer.

6. If You Need Advance Parole Travel Document. USCIS will begin to process and approve applications for advance parole for DACA recipients.

7. Your DACA Can Be Terminated at Any Time. Even with valid DACA and a valid work permit, the government can terminate your DACA and work permit at any time if it believes you are no longer eligible or for any other valid reason.

8. Talk to a Lawyer. Talk to an immigration lawyer as soon as possible. If you don 't have an immigration lawyer, find one at You may be eligible for another type of status. Members of the American Immigration Lawyer’s Association (AILA) report that up to 30% of people screened for DACA were eligible for something better and more permanent. Before making any decisions which could impact your future status, speak to me, Thomas Esparza Jr..

9. Do Not Talk to a Notario. Notaries are not lawyers and are not trained to fully understand the complex U. S. immigration system. Some notaries will take your money and give you bad advice. Protect yourself and your family by trusting a qualified immigration lawyer with your legal decisions.

10. Don't Give Up. I stand with Dreamers. My team and I are fighting for you. Congress can pass a bill to offer a permanent way for those with DACA to stay in the United States.

Por favor habla con Thomas o su Asistente Legal para determinar si existen otras opciones para ganar la residencia permanente, Visa U para victimes de unos delitos criminals, proviso 245i para todos (o hijos de padres) que fueron registrados propriamente para inmigrar antes del 30 de abril de 2001 el derecho a a inmigrar en los EEUU pagando una multa aunque entraron ilegal, fechas de prioridad derivativas, fechas de prioridad de Western Hemisphere (Hemisferio Occidental) Studies of DACA beneficiaries have shown that 30% of them are eligible for some other form of relief.

Please speak with Thomas or his Legal Assistant to determine if there are other options to gain permanent residence, U Visa for victims of criminal offenses, provided 245i for all (or children of parents) who were properly registered to immigrate before 30 April 2001 right to immigrate to the US paying a fine even if they entered illegally, derivative priority dates, Western Hemisphere priority dates Studies of DACA beneficiaries have shown that 30% of them are eligible for some other form of relief.

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“A good immigration lawyer should be able to give you an honest and thorough assessment of your case and be able to explain the options that are available to you based on not only the current law, but changes that are in the legislative and judicial pipeline at any given time. He should tell you the bad parts of your case as well as the good. If it can’t be done, he should say so.”

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“Un buen abogado de inmigración debe poder darle una accesoria completa y honesta en relación a su caso y ser capaz de explicarle las opciones que tiene disponibles basadas no solo en las leyes corrientes, pero también en los cambios hechos en el proceso legislativo y judicial en cualquier momento dado. El deberia decirle lo bueno y lo malo de su caso. Si no se puede hacer nada, deberia decirselo.”


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