Uscis Memo on Standard of Review for Immigration Applications
We would like to inform our readers of very important information relating to the Deferred Action for Babyhood Arrivals (DACA) plan. Recently, the United states of america Citizenship and Immigration Services (USCIS) released a new memorandum that explains how the agency volition handle new requests for DACA and advance parole requests in light of recent court rulings.
New DACA Requests Will Exist Rejected
As clarified by the new memorandum, USCIS has confirmed that information technology will reject all initial DACA requests and associated applications for Employment Authorization Documents, and return all associated fees to applicants without prejudice. "Without prejudice" means that applicants may reapply for DACA in the future should USCIS choose to have initial DACA requests at a later time.
DACA Renewal Requests Continue to Be Accustomed for those Granted DACA in the past
As earlier, USCIS will continue to accept DACA renewal requests from aliens who were granted DACA at whatsoever time in the past.
In improver, USCIS will continue to have requests for advance parole that are properly submitted for individuals who tin demonstrate that their travel is for any of the following purposes: to support the national security interests of the The states, to support U.S. federal law enforcement interests, to obtain life-sustaining medical treatment non otherwise available to the alien in the U.South., or where travel is needed to support the firsthand condom, wellbeing or care of an firsthand relative, particularly minor children of the alien (see below).
Please notation that even with a valid advance parole document re-entry to the Us is not guaranteed.
DACA Renewals Limited to One-Year Elapsing
DACA renewal requests that are canonical will receive a grant of deferred action and employment say-so for a period of no more than 1 twelvemonth. For those that were previously issued a two-twelvemonth employment dominance carte that remains valid, USCIS will not be rescinding these two-twelvemonth benefits. USCIS may only terminate an alien'southward validly issued DACA for failure to continue to run across DACA criteria, including failure to warrant a favorable practice of prosecutorial discretion.
USCIS will also supervene upon two-year EADs that were lost, stolen, or damaged, with the aforementioned two-yr validity period, assuming the EAD replacement application is otherwise approvable.
DACA Requests Received 150 Days Before Expiration
USCIS will generally reject requests for DACA renewal received more than 150 days before the current grant of DACA expires. DACA recipients should file their renewal request between 150 and 120 days before their current grant of DACA expires.
Accelerate Parole Requests
USCIS will only grant advance parole for travel outside the United states of america to DACA recipients pursuant to the new guidance, which provides for a conclusion that parole of the alien is for urgent humanitarian reasons or pregnant public benefit in keeping with the governing statute.
Appropriately, DACA recipients may request advance parole if they have valid DACA and can demonstrate that they warrant the "boggling privilege" of being permitted to return to the United States afterwards traveling abroad, even without a lawful immigration condition, pursuant to a valid advance parole travel certificate.
The decision to grant advance parole is entirely discretionary and fabricated on a case-past-case basis. Applicants should be aware that re-entry to the United States after temporary foreign travel (even with a valid advance parole document) is not guaranteed. The risks must be advisedly considered with the advice of an immigration chaser.
USCIS has stated that, "While the conclusion of whether to grant accelerate parole to a DACA recipient based on exceptional circumstances is a case-by-case assessment involving the assessment of the totality of factors presented, some examples of travel that may fit within the statutory standard for parole include, merely are not express to the following:
- Travel to back up the national security interests of the Us;
- Travel to support U.South. federal law enforcement interests;
- Travel to obtain life-sustaining medical treatment that is not otherwise available to the alien in the U.s.; or
- Travel needed to support the immediate prophylactic, wellbeing or care of an immediate relative, particularly minor children of the alien."
However, fifty-fifty where a requestor establishes that their state of affairs meets one of the examples above, USCIS may still deny the request for advance parole in discretion under the totality of the circumstances.
Grants of Advance Parole Previously Issued Will Non Exist Rescinded
USCIS will not rescind any previously granted accelerate parole documents unless there is another legal reason to do then. USCIS has made clear that entry into the U.s. with advance parole is non guaranteed. Therefore, DACA recipients who have a validly issued advance parole certificate should be enlightened that there may exist a risk that they will not be allowed to re-enter after temporarily foreign travel. Applicants should consult with an experienced attorney before making any international travel plans.
Helpful Links
We promise this data was helpful and share helpful links where you tin find more data about this new guidance
- Policy Memorandum Issued August 21, 2020
- USCIS Implementation of DHS Guidance on DACA Alert
- July 28 Policy Memorandum "the Wolf Memorandum"
- Web log: Supreme Courtroom DACA Conclusion
- Blog: Casa de Maryland Ruling
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Source: https://www.visalawyerblog.com/important-update-uscis-releases-memorandum-clarifying-its-policies-with-respect-to-daca-and-advance-parole-requests/
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