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Blog

What’s Going on With Deferred Action for Childhood Arrivals (DACA)?

On September 5th, 2017, Department of Homeland Security (DHS) announced that it is ending DACA. We at Gardner & Mendoza, P.C. understand that many of our past, current, and future clients are going through a very trying and uncertain time, and that this latest announcement from the Department of Homeland Security brings up many questions for all those affected. Below, we answer some of those questions for you.

Firstly, am I affected?

Everyone currently holding valid DACA status will retain that status until that status’s expiration date (found on your Employment Authorization Card AND your Approval Notice for Form I-821D).

DHS will no longer accept any initial DACA filings; however, it will continue to process currently pending cases. That means that if you have never filed an application for DACA before, you are no longer eligible to do so. If you submitted your first ever DACA application recently and it was received by DHS on or before September 05, 2017, your case will be processed and adjudicated.

DACA renewal cases currently pending will be processed and adjudicated.

Anyone currently holding valid DACA status whose status expires on or before March 05, 2018 can apply to renew that status until October 05, 2017. That means that your case must be “accepted’ by DHS by October 05, 2017 NOT mailed by October 05, 2017.

Anyone whose most recent DACA status expired before September 05, 2017 and had not yet submitted a renewal application is no longer eligible to do so.

I have a case currently pending, what are some tips?

Make sure you are attending your biometrics appointments so your case is not accidentally abandoned!

Respond timely to any Request for Evidence issued to you by DHS.

If you move, make sure you update your address with DHS using Form AR -11.

My current status is expiring before March 05, 2018, what are some tips?

Make sure you apply to renew as soon as possible. Your case must be “accepted” by DHS on or before October 05, 2017. Your case will be rejected if you send it on October 05, 2017!

If you have any criminal history, especially since your last DACA renewal, consult with an experienced immigration attorney.

Will my information be shared with ICE?

DHS has previously said that it will not share information from DACA applicants with ICE unless that information meets the requirements under the Notice to Appear Memo or if the DACA applicant is a risk to national security.

DHS has also said that information from expired DACA holders and applications will not be provided to ICE in a proactive manner.

Please note that this is DHS policy which is subject to change. If you are concerned, please consult with an experienced immigration attorney.

I applied for Advance Parole through DACA, what now?

No new advance parole documents will be issued to DACA recipients.

Anyone with a pending Advance Parole application will have their application administratively closed and their fees refunded to them.

If you currently have Advance Parole, you may still travel outside of the United States for the purpose previously specified; however, as before, it is up to the discretion of the Customs and Border Protection official to let you back into the United States. Please consult with an experienced immigration attorney prior to your travel.

We will keep our DACA community updated on our Facebook page.  We are hopeful that Congress will work together to create legislation reinstating DACA permanently. As always, if you have questions regarding your specific case, please do not hesitate to contact us online or call us at (757) 464-9224.

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Well, hard to believe… job done! I’m frank to admit I had no idea that it would be so involved compared to 10 years ago when I did the renewal myself. Happily I was fortunate enough to find the best people to help get it done this time. When I was a working stiff it was mostly as a field guy in sales & marketing. High tech communication in those days was a pay phone in customers’ lobbies, so someone back in the office skilled in dealing w/problems was absolutely essential when I couldn’t be contacted. Most of those who supported me that way were good at what they did, some were outstanding. None were better than you!! This tedious & sometimes worrisome process would have been unbearable without your keeping it, & me, on track. So we want to extend our thanks to you and Radlyn. Hoping for Gardner & Mendoza to continue the good work for many years to come. - Anonymous
Gardner and Mendoza Law Firm is a great law firm no matter what kind of situation you may be in! For example I had court today, John Gardner, my attorney represented me today and got the charged dismissed totally the first time we both appeared in front of the judge in Virginia Beach Traffic Court. He uses every bit of knowledge he can to help you get the best results!! He also works very well with Latinos! They have a Spanish speaking person in their office at all times!! - Sebastian
My husband and I had a great experience with Mrs. Mendoza. She provided excellent information and a sense of urgency with every step of our immigration process. Her team was always supportive in getting us the information we needed throughout the whole process. This legal firm also treats their clients with the highest levels of respect. In all of Virginia I would say that the Gardener & Mendoza team is the best recommendation for same sex immigration cases and for immigration cases in general. It was a pleasure to work with them. - Anonymous
I Highly Recommend Radlyn Mendoza, An Excellent Immigration Lawyer. My wife and I were very worried about my wife’s immigration and legal status. We were quite impressed with Attorney Mendoza during our initial consultation. She proved to be a smart, knowledgeable, and very capable immigration attorney. She and her staff were very helpful and responsive to all of our requests. Kudos to her and staff, especially Leesa, for successfully handling our case. Thanks for a job well done. - Thomas and Cheong W.
My daughter received a reckless driving ticket going 60 in a 35 mph zone, so understandably, I was very concerned. In court, Mr. Gardner was able to get the reckless driving charge and ticket completely dismissed due to his knowledge of what the police officer had to present in court. Mr. Gardner was a familiar face to the judge and the clerks in the Virginia Beach courthouse. When we contacted John Gardner’s office at Gardner & Mendoza, he and his staff made us feel comfortable by explaining the whole process to us. His track record and the reviews online helped make the decision to choose Mr. Gardner over other attorneys easy. I highly recommend Mr. Gardner. He gave us peace of mind and won the case too! - Michelle

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