1.- What is the decision that the Supreme Court recently issued regarding DACA on June 18, 2020?
At the discretion of the Supreme Court, the decision to end DACA was contrary to the Administrative Procedures Act and should not be applied. The Court agrees with other federal judges that the administration did not “adequately explain why it considers the program to be illegal.” Therefore, DACA becomes completely legal again.
2.- What does it mean that the Supreme Court has “rescinded” the cancellation of DACA?
A “termination” means that a previous order or ruling is void and the law that was affected returns to its original state. In the case of DACA, this means that the program is restored to how it originally existed in 2012. People who have never previously applied for DACA, but who meet the requirements, may apply for the protection of that program.
3.- What is the protection offered by DACA?
A successful DACA application results in the issuance of a work permit, renewable every two years, which also allows the recipient to obtain a social security number and a driver’s license. In addition, you also have the option of applying for a limited travel permit (also known as an “advance parole”).
4.- So, those who had not previously applied for DACA and who qualify for DACA can now apply?
YES! This decision of the Supreme Court declared that USCIS accept new applications for DACA as well as applications for limited travel permits (advance parole).
5.- What should I do if I am a DREAMer who qualifies to join DACA, but who never applied for it previously because I still did not meet all the requirements but now I qualify?
If you have met the conditions to qualify for DACA protection and wish to do so as soon as possible, we recommend that you contact Wilner & O’Reilly immediately to request a FREE consultation and thus help you confirm your eligibility and start preparing all the necessary documents.
Wilner & O’Reilly offers first consultation completely FREE and has years of experience in immigration cases. If you have questions about DACA or any other immigration matter contact us directly or visit our website at www.wilneroreilly.com/contact-us for more details or to request an appointment.
ABOUT THIS AUTHOR
SEAN T. CARPENTER – LAWYER MANAGER – SALT LAKE CITY
Attorney Sean Carpenter is the Managing Attorney for the Wilner & O’Reilly office in Salt Lake City. Competent in all areas of immigration law, Sean currently focuses on family-based, employment-based immigration, as well as U visas, 601 exemptions and investment-based immigration cases. He has helped numerous people with TPS obtain legal permanent residence through family petitions and other means. Attorney Sean Carpenter graduated from Brigham Young University with a Bachelor’s Degree in Translation, and received his law degree from Arizona State University, where Magna Cum Laude graduated. He speaks Spanish and likes to work with people from all over Latin America.
RICHARD M. WILNER – FOUNDING PARTNER
Richard M. Wilner is a founding member of Wilner & O’Reilly, APLC and is Board Certified by the State Bar of California as a Specialist in Immigration and Nationality Law. He is admitted to practice law in the State of California and before the U.S. District Courts for the Central, Northern and Southern Districts of California, the Northern District of Texas, the U.S. Court of Appeals for the Ninth Circuit and the U.S. Supreme Court.Mr. Wilner has received the coveted Martindale-Hubbell AV Rating, the highest legal and ethical rating that one can receive from one’s peers in the legal community. Similarly, he has been awarded the title of Super Lawyer from 2007 to the present. He is best known for his work in advising Fortune 500 companies, middle and small market businesses, entrepreneurs and foreign nationals of extraordinary ability in athletics, arts, and sciences in the complex area of U.S. Immigration and Nationality Law.