Apple CEO Tim Cook and Other Leaders Sign Letter Asking Trump to Protect DACA Program

[Carnegie]

Not that I am for or against so much, rather that this is an issue that should have been handled years ago. Either make an exception and allow them a path to naturalize or don't and ensure their removal.

The path for DACA folks to become naturalized ... do they all want this? I know a couple (work with) that had DACA status. One is on the way to become a citizen (via Advance Parole with help from our legal group) and the other married a local. There are options. Easy? No. An immigration attorney can help. In the end, this is a Congressional failure. This should have been addressed, stay or go. President Trump has been left holding the Hot Potato when the timer went off.

I suspect that the great majority of DACA-eligible aliens would want to become either lawful permanent residents or citizens if they were able to. Prior to DACA that was meaningfully impossible for most. Even with DACA it's only possible for a relatively small subset of them.

Even with advance parole, which a DACA alien is only eligible for under certain circumstances (and which means they have to leave the country and risk being denied re-entry even though they may have advance parole), most of the bases for an immigrant visa (and thus an adjustment of status to lawful permanent resident) aren't available. The one that is is based on having an immediate relative who is a citizen. Except in some pretty unusual cases, that (for a DACA alien) would mean a spouse. So they'd have to qualify for advance parole, leave the country and return, and be married to a U.S. citizen.

If you don't mind my asking, regarding the first person whom you mention (whom you work with), what's their bases for an adjustment to status? You mentioned that the second one was married. Is that the case with the first one also? Otherwise, they'd have to have a parent who was a U.S. citizen or a child 21 or over who was a U.S. citizen. Considering the age limit on the (original) DACA program, the latter would mean that they had a child when they were fairly young. Most DACA aliens wouldn't be in that position.

That said, I would agree that this situation is a failure of Congress and of political / democratic processes in general. The state of our laws in this regard is... I'll just say not good. Something should have been done long ago to address the issue.

 

[dk001]

I suspect that the great majority of DACA-eligible aliens would want to become either lawful permanent residents or citizens if they were able to. Prior to DACA that was meaningfully impossible for most. Even with DACA it's only possible for a relatively small subset of them.

Even with advance parole, which a DACA alien is only eligible for under certain circumstances (and which means they have to leave the country and risk being denied re-entry even though they may have advance parole), most of the bases for an immigrant visa (and thus an adjustment of status to lawful permanent resident) aren't available. The one that is is based on having an immediate relative who is a citizen. Except in some pretty unusual cases, that (for a DACA alien) would mean a spouse. So they'd have to qualify for advance parole, leave the country and return, and be married to a U.S. citizen.

If you don't mind my asking, regarding the first person whom you mention (whom you work with), what's their bases for an adjustment to status? You mentioned that the second one was married. Is that the case with the first one also? Otherwise, they'd have to have a parent who was a U.S. citizen or a child 21 or over who was a U.S. citizen. Considering the age limit on the (original) DACA program, the latter would mean that they had a child when they were fairly young. Most DACA aliens wouldn't be in that position.

That said, I would agree that this situation is a failure of Congress and of political / democratic processes in general. The state of our laws in this regard is... I'll just say not good. Something should have been done long ago to address the issue.

The Advance Parole I can ask. He's 31. I know he is not married.
The married one was a couple years back.
Let you know what I find out.

 

[Carnegie]

The Advance Parole I can ask. He's 31. I know he is not married.
The married one was a couple years back.
Let you know what I find out.

Thanks. I'm curious about that.

Immigration law has considerable nuance. There are a number of different ways for someone to be eligible for an immigrant visa (and thus for an adjustment of status) - e.g., employment, relatives. But if you are present in the U.S., you have to have a legal entry to be eligible regardless (for the most part) of your reason for being eligible for an adjustment of status. That's why advance parole is needed for DACA aliens even if they are otherwise eligible for an adjustment of status.

The wrinkle, however, is this. There are a number of different bars to getting an adjustment of status even if someone has a legal entry. Those bars would still apply to most DACA aliens. However, those bars do not apply when eligibility for an adjustment in status is based on having an immediate relative (i.e. a spouse, child 21 or over, or parent) who is a citizen. In most cases a citizen parent would mean that the person in question was already a citizen. And having a child 21 or over, when you yourself were younger than 31 as of June 2012 (as is required by the (original) DACA program), means having had that child when you were at most 15.

 

[dk001]

Thanks. I'm curious about that.

Immigration law has considerable nuance. There are a number of different ways for someone to be eligible for an immigrant visa (and thus for an adjustment of status) - e.g., employment, relatives. But if you are present in the U.S., you have to have a legal entry to be eligible regardless (for the most part) of your reason for being eligible for an adjustment of status. That's why advance parole is needed for DACA aliens even if they are otherwise eligible for an adjustment of status.

The wrinkle, however, is this. There are a number of different bars to getting an adjustment of status even if someone has a legal entry. Those bars would still apply to most DACA aliens. However, those bars do not apply when eligibility for an adjustment in status is based on having an immediate relative (i.e. a spouse, child 21 or over, or parent) who is a citizen. In most cases a citizen parent would mean that the person in question was already a citizen. And having a child 21 or over, when you yourself were younger than 31 as of June 2012 (as is required by the (original) DACA program), means having had that child when you were at most 15.

Permission was granted due a critically ill family member (uncle) - said the amount of paperwork was crazy. They asked for medical paperwork including diagnostics. To help, work scheduled him for a vendor meeting/audit as part of the same trip and provided that documentation. Said that the medical issue may not have gotten approved by itself.

 

[Carnegie]

Permission was granted due a critically ill family member (uncle) - said the amount of paperwork was crazy. They asked for medical paperwork including diagnostics. To help, work scheduled him for a vendor meeting/audit as part of the same trip and provided that documentation. Said that the medical issue may not have gotten approved by itself.

Thanks.

That would have been the reason he was granted advance parole. I was asking about his basis for an adjustment of status. Advance parole just addresses one of the bars to adjustment of status, i.e. it helps someone get a legal entry. They still need a basis for that adjustment, and the options for DACA beneficiaries are fairly limited.

 

[dk001]

Thanks.

That would have been the reason he was granted advance parole. I was asking about his basis for an adjustment of status. Advance parole just addresses one of the bars to adjustment of status, i.e. it helps someone get a legal entry. They still need a basis for that adjustment, and the options for DACA beneficiaries are fairly limited.

Let me ask ...