QUESTION
If I applied in the DACA and have my work permit already, when it expires, can I apply for papers or how do I go about that?
Asked on Nov 19th, 2013 on Immigration - New York
More details to this question:
I would like to know after the two years are over, can I apply to fix myself papers? And how do I go about that? I would really like to get more information on this please. Thank you.
6 ANSWERS
It really depends on what basis you plan to file and whether you are eligible. You are not eligible to self sponsor but if you get married, for instance, and are eligible to adjust status on the basis of that (depending on how you entered the U.S., etc) then you can.
Answered on Dec 04th, 2013 at 7:18 PM
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
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At this time, there is no law or procedure that would allow you to "fix" your status. All you can do is to file for an extension of your DACA and pray that Congress passes an immigration law reform before President Obama's term in the office expires.
Answered on Nov 22nd, 2013 at 6:36 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
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No. After the 2 years are over, you would have to apply for DACA again, assuming DACA is still available and you still qualify. DACA is not a means of acquiring legal residency or citizenship. It only allows you to stay and work in the U.S. for 2 years.
Answered on Nov 22nd, 2013 at 6:31 PM
Immigration Attorney serving Downey, CA
at
Herrera & Juelle LLP
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When your DACA based employment authorization card expires, your only option will be to renew it again under DACA. At this time, having an approved DACA does not entitle you to apply for residence in the US.
Answered on Nov 20th, 2013 at 4:42 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Right now the only option at the end of the two years (actually four months prior to expiration) is to apply to renew the work card and deferred action. If Congress passes an immigration bill we can hope this will lead to a more secure status such as permanent residency but there is nothing on the books to do this now.
Answered on Nov 20th, 2013 at 4:22 PM
Adebola O. Asekun
The DACA is a temporary relief from removal and its' accompanying work permit is granted in 2 year increments. From all indications, you if you are still deemed eligible for DACA, you may renew the work permit when your current work permit expires in 2 years. There is no guarantee that DACA will be extended and so, if you are eligible for a green card through some other means, you should do so right away. In other to avoid difficulties, you should hire an experienced lawyer to review the facts of your case to ensure that you are eligible for some other benefit.
Answered on Nov 20th, 2013 at 4:22 PM