Immigration Attorney in San Jose, CA, Helping Young Adults Pursue the American Dream

The Deferred Action for Childhood Arrivals (DACA) program is a program created by the Obama administration in 2012. Its intent is to protect young people who had been brought to the U.S. without visas as children from being deported and to give them work authorizations, contingent on them being of good character and staying in school.

At the California law firm of Yew Immigration Law Group, a P.C., immigration attorney Alison Yew, and our legal team have years of experience providing helpful legal services to DACA applicants. If you have a legal situation in the immigration system, including pending DACA renewals, work permits, new applications, and fighting removal proceedings, our law offices would be happy to provide assistance.

Those who wish to speak with an immigration attorney about a DACA application or renewal of status may contact our law firm to schedule consultations with our staff. You may call us at (408) 645-6395.

What Changes in Immigration Law Negatively Impacted the Program Despite the Best Efforts of DACA Lawyers and DREA Mers?

The status of the DACA program has been mutable since the Trump administration announced its intention to end the program in September 2017. At that time, the Acting Secretary of Homeland Security rescinded the 2012 memorandum creating DACA, stating that, as of September 5, 2017, the government would no longer process any new DACA applications. Individuals who had DACA at that time would have been permitted to retain their status until the expiration date listed on their Employment Authorization Document (EAD).

DACA recipients whose EADs expired before March 5, 2018, would have been permitted to apply for renewal, but the renewal application must have been filed before October 5, 2017. DACA recipients with an EAD that expired after March 5, 2018, would not have been permitted to renew their status and would have returned to their previous unauthorized status.

How Does the New Immigration Policy Affect Those Who Receive Deferred Action Benefits?

Several courts, including the U.S. Supreme Court, have since deemed President Trump’s efforts to end DACA to be unlawful. In June 2020, the U.S. Supreme Court deemed the attempt to end DACA to be “arbitrary and capricious.”

That July, a Maryland federal court ordered the Department of Homeland Security to start accepting new applicants again. Shortly thereafter, the acting Department of Homeland Security Secretary issued a memorandum blocking new applications and reducing the renewal period for existing DACA recipients from two years down to one.

Subsequently, that secretary was found to have been unlawfully serving in that role, and a New York federal court ordered the Department of Homeland Security to resume accepting applications under the same requirements that existed before September 5, 2017.

As the U.S. Citizenship and Immigration Services (USCIS) outlines, successful applicants must show that they:

• Were under the age of 31 as of June 15, 2012 (i.e., you have not had your 31st birthday as of June 15, 2012);
• Came to the United States before reaching your 16th birthday;
• Have continuously resided in the United States since June 15, 2007, up to the present time;
• 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;
• Had no lawful status on June 15, 2012;
• 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; and
• Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors and do not otherwise pose a threat to national security or public safety.

If you are approved for DACA, you are legally permitted to remain in the U.S., and you may be granted work authorization. It is not immigrant status, and you will not get a green card just based on being a DACA recipient. It will, however, enable you to seek the best employment options available to you, openly and legally.

What Are the Steps to Renew Your DACA Status in California in the Year 2022?

Those who receive benefits from the Deferred Action for Childhood Arrivals program need to make sure that their DACA status is renewed or risk losing it. Renewals are not issued automatically. Like all matters regarding the immigration system, filing for renewable deferred deportation can feel daunting, but an experienced DACA attorney may be able to help.

To renew, consider the following steps:

• Locate your previous DACA renewal application. With this paperwork in hand, you will have a good roadmap for how to proceed with the remainder of the renewal process.
• Create an account on the USCIS website. Using the USCIS website’s online portal, you can file a form. The forms you may file include a petition for a work permit and an application for consideration for DACA status. These may be filed by paper and mail, but that will take longer. Ensure that each file is filled out properly with only correct information.
• Pay the necessary filing fees. These may amount to hundreds of dollars.
• Supporting documents may be required. Please supply all documentation that is requested.

Contact Our San Jose Immigration Law Firm Today to Schedule a Consultation and Begin Your Attorney-Client Relationship

The Yew Immigration Law Group is based out of a San Jose office, but our DACA attorney provides legal representation to clients across California, including San Francisco, Oakland, and Silicon Valley. Immigration lawyer Alison Yew and her staff have years of experience working with clients and their families in the matters of the Deferred Action for Childhood Arrivals program.

While no DACA attorneys can anticipate the changing winds of policy and congress, we can make the most of the opportunities that young DREA Mers have today, and that includes helping them through the process of applying and renewing for the programs they are eligible for.

Contact our law offices to discuss your individual case or situation, and we will provide personalized service to determine how to serve you in pursuit of your goals.

Please note that, while this website seeks to inform any prospective new client who has been or will be granted Deferred Action for Childhood Arrivals in the past or future, viewing does not constitute an attorney-client relationship and should not be taken as legal advice for any individual cases. Information on this website is for general information purposes only.

Our attorney is here to help you understand your rights and options under DACA. To arrange your case evaluation, please contact our law offices online or by phone at (408) 645-6395.