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DACA Update
DACA renewals remain available for current DACA recipients. Individuals who currently have DACA should continue to renew and are encouraged to submit their renewal requests early at least 7 months before they expire. Renewing on line may be faster and is slightly less expensive. Immigration is NOT currently approving new DACA applications (applications for DACA for people who have never before had DACA and renewals from people whose DACA expired more than a year ago) because of the lawsuit. USCIS may accept these applications and send receipts, but they are not currently processing or approving them. DACA continues to be affected by ongoing litigation, and policies may change. We encourage community members to speak with a trusted immigration legal services provider for guidance about their individual situation. |
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Deferred Action for Childhood Arrivals (DACA)
IMMIGRATION IS NOT PROCESSING NEW DACA APPLICATIONS. Deferred Action for Childhood Arrivals (DACA) is an exercise of prosecutorial discretion, providing temporary relief from deportation (deferred action) and work authorization to certain young undocumented immigrants. DACA was created on June 15, 2012, by then-Secretary of Homeland Security Janet Napolitano. Unlike federal legislation, DACA does not provide permanent legal status to individuals and must be renewed every two years. Initial DACA Requirements:
Special Immigrant Juvenile Status (SIJS)
Special Immigrant Juvenile Status (SIJS) offers a path to a green card for certain immigrant youth. In particular, it provides an avenue for undocumented youth to obtain legal status when they are subject to juvenile court jurisdiction, cannot be reunified with one or both parents due to abuse, neglect, abandonment, or a similar basis under state law, and it is not in their best interest to return to their home country. Youth who are successful in obtaining SIJS may apply for a green card. There is a limit on the number of people per country who can get a green card through SIJS in a given fiscal year. Eligibility:
Temporary Protection Status (TPS)
TPS is a temporary immigration status provided to nationals of specifically designated countries that are confronting an ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions. It provides a work permit and stay of deportation to foreign nationals from those countries who are in the United States at the time the U.S. government makes the designation. TPS does not provide beneficiaries with a separate path to lawful permanent residence (a green card) or citizenship. Eligibility:
U Visa
Congress created the U nonimmigrant visa in 2000 when it passed the Victims of Trafficking and Violence Protection Act. Its purpose was to encourage immigrants to report crimes to law enforcement and also to afford protection for those willing to cooperate. Congress intended that the law would protect victims of domestic and other violent crimes, but it also explicitly expressed its intent that the visa protect against qualifying workplace-related crimes. U Visa holders can get a Work Authorization, add derivatives to their application, and eventually apply for a green card. Eligibility:
Violence Against Women Act (VAWA)
The Violence Against Women Act (VAWA) was created to address a widespread problem of noncitizen victims of domestic violence or abuse remaining with their abusers out of fear of deportation because the abuser held the key role to the victim attaining lawful immigration status in the United States. Eligibility frees the victim from having to rely on the abuser’s cooperation to file a family-based petition. Under VAWA, an abused spouse or child of a lawful permanent resident (LPR) or U.S. citizen (USC), or an abused parent of a USC son or daughter can submit a self-petition on their own. Individuals who qualify for VAWA, however, are able to include more family members as derivatives on their applications and both the principal and derivative are able to gain immigration benefits through the process. Eligibility:
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