Deferred Action for Childhood Arrivals
In June 2012, the Secretary of Homeland Security made a special provision to defer removal action for certain immigrants who came to the U.S. as children. Successful applicants would have the action of removal delayed for two years, subject to renewal. Though this action does not provide lawful status, it does grant eligibility for work authorization.
On July 28, 2021, federal judge in the Southern District of Texas ruled that:
- Initial DACA applications and associated applications for work authorization that were pending on or after July 16, 2021, will remain on hold in compliance with the order.
Therefore, DACA initial applicant can STILL SEND APPLICATIONS to apply for DACA, however, no application will be approved or denied until future order from the court.
To be eligible for DACA, you must meet the following requirements:
- You must enter the United States before your sixteenth birthday.
- You did not leave the U.S. on or after Aug. 15, 2012, without advance parole
- You have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors
- You do not pose a threat to public safety or national security in any way
Advance Parole
Advance Parole is offered or under a limited set of other circumstances and/or when an individual has a pending adjustment of status application. Advance parole is the authorization that applicant to travel under certain circumstances.
As part of the Adjustment of Status process we offer this application with the process. This is usually an additional service; however, we offer this application with our adjustment packages.
While an applicant must generally be present in the United States, advance parole is occasionally granted to individuals do not present in the U.S.; this is decided on a case-by-case basis.
DACA applicants, under certain circumstances can apply for Advance Parole and upon return be paroled into the United States. Once this occurs, the individual, is Married to a United States Citizen or Permanent Resident, can Adjust their status in the U.S.
TPS, Temporary Protected Status
Immigration may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.
- The Secretary may designate a country for TPS due to the following temporary conditions in the country:
- Ongoing armed conflict (such as civil war)
- An environmental disaster (such as earthquake or hurricane), or an epidemic
- Other extraordinary and temporary conditions
During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible):
- Are not removable from the United States
- Can obtain an employment authorization document (EAD)
- May be granted travel authorization