The Victoria Law Group is absolutely supportive of legal immigration to the United States. Further, we believe that lawful immigration is one of the United States’ “secret sauces” which helps propel America to excellence. The evidence is overwhelming in support of that conclusion.
The Victoria Law Group also believes in the children who were brought to the United States before they reached the age of emancipation, the so-called Dreamers.
Unfortunately, the immigration laws in our country are being kicked around like a football for political purposes.
We are willing to provide Dreamers with any assistance we can, and we believe it is absolutely critical that the immigration community continue to stay informed and vigilant about the changes being made to our immigration laws.
Please schedule an appointment with us to discuss your immigration situation.
DACA is short for Deferred Action for Childhood Arrivals. It is a kind of administrative relief from deportation that began during President Barack Obama’s administration. The aim was to provide legal relief to protect eligible immigrant youth who came to the United States when they were children from deportation. It also gives them a work permit. It was meant to last for two years, subject to renewal.
There are not a lot of lawsuits against DACA per se but against DACA’s termination. On September 5, 2017, the Trump administration announced that it was terminating the program which gave rise to many lawsuits. As of this writing, there are several courts that already ordered the U.S. Citizenship and Immigration Services (USCIS) to act on the applications pending litigation.
You are eligible for DACA if you comply with the following eligibility requirements – age, continuing physical presence, studies, and no felony conviction.
The age requirement is very specific. You are DACA eligible if as of June 15, 2012, you were under the age of 31 and before you turned 16, you are already in the United States. You must be in the United States already before your 16th birthday. Keep in mind that the USCIS will check your birth records and all other evidence of age.
The continuing physical presence is also a requirement. You must prove that you lived continuously in the United States from June 15, 2007 until the present (or at the time of your application. You must also be physically present in the United States on June 15, 2012 and at the time you apply. Your entry into the United States is without proper documentation or your lawful status expired as of June 15, 2012.
For those who are still young upon application to DACA, you are eligible if you are currently studying, or you graduated from high school or earned a certificate of completion of high school or GED, or have been honorably discharged from the Coast Guard or military. You may also show proof that you are studying at a technical and trade school completion also qualifies.
Finally, a requirement that is most often used to deport DACA grantees is the fact that you have not been convicted of a felony. You must not bear any record of certain significant misdemeanors. A single conviction of driving under the influence (of drugs or alcohol) can derail your application. You must not be convicted, at any time, or three or more misdemeanors of any kind. To know more about the levels of crimes, you must contact your attorney.
If you are a first-time applicant, you should know every single proof of your eligibility will be put into question. While a recent Supreme Court Decision required the USCIS to restore the program and accept new applicants, there is yet to be action coming from them. If you are eligible for DACA, you may use the following documents to prove your eligibility:
A. Proof of Your Identity and Date of Birth
To prove your identity and date of birth, you must present the following documents:
B. Proof That You Were Physically Present in the U.S. on June 15, 2012
Physical presence is hard to prove, but you can show the following documents to help you out.
C. Proof You Had 5 Years of Continuous Residence in the U.S. from June 2007 up to the Present time.
D. Proof That You Were In School (And All Related Requirements)
You may show the following documents to show proof that you were studying:
E. Proof That You Have No Criminal Conviction Or That You Are Not A Threat to National Security/Public Safety
Final Steps To Remember:
After fingerprinting, the USCIS will conduct a very thorough examination of you and your records. They may, however, ask you to submit additional information before they make any final decision. Keep in mind that the approval of DACA can take as long as several months. In some cases, it may take five weeks.
If you are applying for DACA, the first thing that you should do is to contact a qualified lawyer. This step is also the first step that you should take when renewing your DACA. Collect as much evidence as you can for your renewal and be ready to fill up the following forms:
You must then submit all supporting documents with a fee of $495.00. Payment should be done using a check or money order payable to the Department of Homeland Security.
You are still eligible for DACA even if you are over the age of 31. You cannot age out of the program, keep this in mind. You are also still eligible if you have graduated or are studying at a different school or program.
You must apply for DACA renewal at least 150 days before your DACA expires. According to most previous applicants, the USCIS is now accepting applications more than 150 days prior to the expiration date and up to 364 days prior to the expiration date. Hence, you may apply a year before your DACA expires. Make sure that you apply before the expiration because you may lose your protection from deportation. Keep in mind that once your DACA expires, you no longer have any valid work authorization, and your unlawful presence in the United States may be taken against you.
It depends. To apply for DACA, there is the current filing fee of $495.00.
It could only be reduced since the length of the benefit can get shortened.
The Wolf Memo is officially known as the Reconsideration of the June 15, 2012 Memo Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children“. It was released by the Acting Secretary of Homeland Security Chad F. Wolf.
It was announced that in response to the Supreme Court’s decision, the Department of Homeland Security (DHS) will take action to thoughtfully consider the future of the DACA policy. This includes considering whether or not it is time to fully rescind the program.
During the reevaluation of the DACA program, the Department of Homeland Security announced that they are making the following policy changes to DACA:
To summarize, there are four areas of concern that is related to DACA:
If you do not renew your DACA permit, you may get deported or face deportation proceedings.
If you are holding an expired DACA eligibility, you should renew as soon as possible. A recent pronouncement made is that all DACA requests will not be proactively provided to the U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) for the purpose of immigration enforcement. Hence, if you do not renew your DACA permit and you are caught with an expired one, you may face deportation in as quick as 24 hours upon apprehension.
Yes, the social security number that you received already belongs to you and is exclusive to you. This is now your official social security for all matters. Your housing, education, and banking needs and transactions must always use this unique number.
If you have an expiring work permit, it is not your responsibility to inform your employer. You are not under any legal obligation to notify your employer upon expiration of your work permit. The employer is the one responsible for making sure that all of their employees are authorized to work.
It is, however, your responsibility to make sure that if your employer asks for a new work permit, you produce a new one. Your employer can terminate you if you fail to produce one after giving you reasonable opportunity to present one.
The Victoria Law Group consists of competent and dependable attorneys and legal professionals who are highly knowledgeable in the field of real estate law. Our team of legal professionals has assisted several residential and commercial clients with various legal matters associated with real estate including but not limited to the preparation and revision of contracts, acquisition of properties, refinances, foreclosures, deeds-in-lieu of foreclosure, short sales, landlord tenant disputes, eminent domain, leasing as well as enforcements and evictions.
There is no case too complex for The Victoria Law Group to handle. We understand Miami Real Estate; we were built for Miami Real Estate. We know how important the real estate industry is to the global economy and we work hard to provide our clients with the best solution for all their legal needs.
Representation in our Real Estate Practice Area includes sales, leases, title insurance and other transactions in addition to structuring complex sale and acquisition agreements and negotiating and closing complex mortgage financing on behalf of lenders and developers.