2015 is almost over and I can not help but say it has been a year of many challenges for the United States and for the immigrant community. Many of the promises were unfulfilled and other although proposals came to nothing. Now, approaching the end of the year put into perspective what is happening and what we can do to be ready for next year.
- Deferred action ( “DACA”):
DACA is still in force and those who qualify and who have not yet applied should do. The program already has 3 years of operation and 7 million young people expected could apply for this benefit only 1 267.761 have. What happened to those who have requested and received the benefit? These people not only enjoy the opportunity to work in the United States legally but to have this benefit have the opportunity to apply for a permit to travel either by humanitarian, educational or professional reasons. We have had the opportunity to ask these travel permits to many of our customers and they have not only returned to their countries to see their loved ones not seen for many years, but have been able to reenter the United States with his permission and we, in turn, have used the “legal” status entry whilst fitting permanent residents if they are immediate relatives of uS citizens. What should be your goal for 2016? If you came to the United States before 16 years of age before June 15, 2007, you are studying or you graduated from “high school” and have not been convicted of 3 or more misdemeanors or one felony and / or significant, you can ask the deferred or ‘DACA “Action and enjoy this benefit.
- Extended Deferred action and / or Deferred Action for Parents of Children citizens or residents of the United States ( “DACA Extended” or “DAPA”):
On November 20, 2014 President Obama announced a profit that would take effect in 2015. Unfortunately, the day before the start of the DACA Extended, 26 states filed a lawsuit alleging that the Executive Chairman action was unconstitutional and asking the Court to put a halt to the announcement and no applications will be accepted until the lawsuit was resolved. To date we have not received an affirmative answer but the December 4, 2015, the Supreme Court granted an extension of eight days to states to present his case instead of the 30 days they asked. This gives us hope that the case could be heard and decided before the summer recess of the Supreme Court in June. Is our recommendation for next year? Be alert and prepared. Prepare yourselves with documentation that can prove they have been present in the United States since its entry and have at hand the evidence that proves who has studied or is studying in the United States and / or have children born here. Again he clarified that this is just preparation. We do not know what will happen but it never hurts to be prepared.
We wish you a Happy New Year and we are at your disposal for whatever they need.
By Dorany Rodríguez-Baltazar, Immigration Attorney