2023 DACA Update for Philadelphia Residents
On September 13, 2023, the United States District Court for the Southern District of Texas decided that the Deferred Action for Childhood Arrivals (DACA) Final Rule is unlawful.
The court expanded a July 16, 2021, injunction but ordered a partial stay of the order for all DACA recipients who received their initial DACA status before July 16, 2021.
Here’s what these decisions mean for you.
DACA Renewal Requests
USCIS will continue accepting and processing renewal requests and accompanying Employment Authorization Requests (EADs).
You can renew your DACA status every two years. You will need to pay the $495 filing fee each time, but you can theoretically renew an infinite number of times.
Privileges Under DACA
Current Employment Authorization Documents remain valid until expired unless individually terminated.
You may also continue to pursue higher education if you have a valid DACA status, and you should retain access to your driver’s license.
You may also obtain advance parole if you wish to legally visit other countries, so long as you travel for employment, education, or humanitarian reasons, like attending a funeral service for a family member or visiting a sick or elderly relative. Just be careful, as advance parole doesn’t guarantee you’ll be able to get back into the country.
You are also eligible to apply for Social Security and Medicare.
Initial DACA Requests
You can send in a new DACA request, but USCIS is not processing them now and has not since July 16, 2021.
While there is a chance DACA may go to the Supreme Court, as of right now, it does not look like there is a pathway by which new requests might be processed.
What should you do?
If you need to apply for DACA renewal status soon, you should contact an immigration law firm like Hykel Law. If anything goes wrong with your renewal, getting you protected under DACA a second time might be difficult. If you never received DACA protection, we may be able to help in other ways.
In both cases, we can work with you to try to help you find another path to citizenship. Every case is unique, and there may be avenues you haven’t considered yet. Achieving a different path to citizenship will remove you from DACA limbo, so you do not have to wait for Congress or the Supreme Court to do the right thing.
If you’re tired of living in a state of anxiety, contact Hykel Law today.
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Employment & Investment Visas
Although it often comes with controversy, immigration into the United States has always played a major role in the strength of its economy. Perhaps no one understands this more than the residents of Philadelphia, where the Liberty Bell still welcomes foreigners to one of the richest historical communities of our country.
Not knowing or understanding the system and laws of the U.S. can be a disadvantage for many foreign immigrants who wish to obtain permanent residency in the United States, either for themselves or for their loved ones. Hykel Law’s Family-Based Immigration Services can lead you through the complicated process to achieve either temporary or permanent residency, depending on your situation.
Are you afraid of deportation? If you are a foreign national involved in the beginning stages of removal proceedings, the deportation attorney at Hykel Law in Philadelphia can help prevent this unfortunate situation. We can evaluate your immigration case and find the best strategy to defend you from removal proceedings to help you stay in the United States.