Deferred Action for New Jersey Families: Understanding the DACA Program

In 2012, the U.S. government established the Deferred Action for Childhood Arrivals (DACA) program, which provides temporary relief to undocumented immigrants who arrived in the country as children. DACA has enabled countless young individuals to pursue education, and employment, and contribute to their communities. In this blog post, we will focus on the significance of DACA in New Jersey, highlighting its impact on families and shedding light on the program’s eligibility requirements and benefits.

Understanding DACA:

DACA is a policy that grants eligible individuals protection from deportation for a renewable period of two years. Along with deportation relief, successful applicants are also provided with work authorization. This program aims to assist individuals who were brought to the United States as children and lack legal immigration status.

What is Deferred Action?

Are you wondering, what is deferred action? You may be eligible to receive deferred action under the Dream Act. Here is some important information you need to be aware of.

What is Deferred Action? | Definition

Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an alien granted deferred action will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect; deferred action does not absolve individuals of any previous or subsequent periods of unlawful presence. Under existing regulations, an individual who has been granted deferred action is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.

What is Deferred Action? | Implementation

Individuals not in removal proceedings or subject to a final order of removal will need to submit a request for a review of their case and supporting evidence to U.S. Citizenship and Immigration Services (USCIS). Individuals may request deferred action if they meet the eligibility criteria. In the coming weeks, USCIS will outline and announce the procedures by which individuals can engage in this process. This process is not yet in effect and requests should not be submitted at this time. Beginning June 18, individuals may call the USCIS hotline at 1-800-375-5283, from 8 a.m. to 8 p.m., with questions or to request more information on the new process. The hotline offers assistance in English and Spanish. Individuals seeking more information on the new process should visit USCIS’s website at http://www.uscis.gov.

Eligibility Criteria:

To qualify for DACA, individuals must meet certain criteria:

• Age: The applicant must have been under the age of 31 as of June 15, 2012.
• Arrival in the U.S.: They must have arrived in the United States before turning 16.
• Continuous Residence: The applicant must have resided continuously in the U.S. since June 15, 2007.
• Education or Military Service: They should either be enrolled in school, have graduated or obtained a certificate of completion from high school, or have served in the military.
• Good Moral Character: Applicants must demonstrate good moral character and have a clean criminal record.

Benefits of DACA:

DACA provides numerous benefits to its recipients:

• Protection from Deportation: DACA grants temporary protection from deportation, allowing recipients to live and work in the United States without the constant fear of being removed from their families and communities.
• Work Authorization: Successful applicants receive a work permit, enabling them to seek lawful employment and pursue professional opportunities.
• Access to Education: DACA recipients can pursue higher education by applying for college admission and accessing financial aid in certain states.
• Social Security Number: DACA recipients are eligible for a Social Security number, which provides them with additional opportunities for financial stability.
• Driver’s Licenses: Many states, including New Jersey, allow DACA recipients to obtain driver’s licenses, enhancing their mobility and facilitating their daily lives.

DACA in New Jersey: New Jersey has been at the forefront of supporting DACA recipients. The state recognizes the contributions and value of individuals protected under DACA and actively advocates for their rights. In New Jersey, DACA recipients are eligible for in-state tuition rates at public universities and can access state financial aid for higher education. Update on DACA: It is important to note that the information provided in this blog post is based on the knowledge available up until September 2021. Since then, there have been ongoing developments regarding DACA that may have an impact on the program. It is recommended to stay updated with the latest news and legal updates related to DACA to ensure accurate information. Current Challenges and Future Outlook: While DACA has provided relief and opportunities for thousands of individuals, the program has faced its fair share of challenges. In 2017, the Trump administration announced plans to end the program, leading to significant uncertainty and anxiety among DACA recipients. However, due to legal challenges, the termination of DACA was temporarily blocked, allowing current recipients to renew their protections. Since then, the future of DACA has remained uncertain. Efforts to pass legislation that would provide a permanent solution for DACA recipients, such as the Dream Act, have faced obstacles in Congress. However, there is continued advocacy and support for DACA, both at the state and federal levels. It is important for individuals and families affected by DACA to stay informed about the latest developments and changes in the program. Consulting with immigration attorneys and trusted organizations that provide legal assistance to immigrants can help navigate the complexities of the immigration system.

Supporting DACA Recipients:

As individuals, communities, and policymakers, there are several ways we can support DACA recipients and advocate for comprehensive immigration reform: Stay informed: Stay updated on DACA-related news and developments to better understand the challenges and opportunities faced by DACA recipients. Support organizations: Contribute to and volunteer with organizations that provide legal assistance, advocacy, and resources to DACA recipients and other undocumented immigrants. Contact your elected representatives: Reach out to your local, state, and federal representatives to express your support for DACA and urge them to take action on comprehensive immigration reform. Share personal stories: Amplify the voices and stories of DACA recipients and their families to raise awareness and promote empathy and understanding. Participate in community initiatives: Engage in community events, workshops, and initiatives that promote inclusivity, support immigrant communities, and create opportunities for dialogue and education. The DACA program has played a vital role in providing temporary relief and opportunities to undocumented immigrants who arrived in the United States as children. In New Jersey, DACA recipients have been able to pursue their dreams, contribute to society, and access educational and employment opportunities. However, the future of DACA remains uncertain, and ongoing advocacy and support are necessary to protect the rights and well-being of DACA recipients. By staying informed, supporting organizations, and engaging in advocacy efforts, we can work towards a more inclusive and just society for all. At The Scheer Immigration Law Group, we understand the importance of Deferred Action for New Jersey Families and the impact it has on individuals and their families. Our experienced team is dedicated to helping individuals navigate the complexities of the DACA program and providing comprehensive legal support throughout the application process.

Here’s how we can assist with DACA cases:

Eligibility assessment: We offer a thorough evaluation of each individual’s eligibility for DACA. Our team will review your specific circumstances, such as age, arrival in the U.S., continuous residence, education, and moral character, to determine your eligibility for the program. Application preparation: Our knowledgeable attorneys will guide you through the entire application process, ensuring that all necessary documents are properly completed and submitted. We will assist you in gathering the required evidence, completing the application forms accurately, and preparing a strong case to support your eligibility for DACA. Legal guidance: We provide personalized legal guidance throughout the DACA application process. Our team will address any questions or concerns you may have, ensuring that you understand the requirements, benefits, and potential risks associated with applying for DACA. Renewal assistance: If you are already a DACA recipient and need to renew your status, we can help with the renewal process. We will ensure that your renewal application is submitted on time and that all required documentation is included to maintain your protected status. Advocacy and support: We are committed to advocating for the rights of DACA recipients and supporting comprehensive immigration reform. As part of our services, we stay updated on the latest developments and changes in DACA and related policies, providing you with the most current information and guidance. Continued representation: Our support does not end with the application process. We provide ongoing legal representation and support for DACA recipients, helping you navigate any legal challenges or changes that may arise in the future.

DAPA Requirements

Are you seeking family-based immigration? Here is some crucial information about DAPA requirements. Contact our office today to consult with our experienced New Jersey immigration lawyers.

DAPA Requirements | Eligibility

DAPA refers to Deferred Action for Parents of Adult Citizens or Green Card holders. Any citizen or Green Card holder that has been a US resident for the last 5 years with no serious criminal history is eligible for DAPA. You can obtain a social security card and a driver’s license once approved. DAPA is not a Green Card or Citizenship. It is only a 3 year work permit.

Download Our U.S. Immigration Guide

DAPA Requirements | Sponsoring a Family Member

As a New Jersey immigration attorney, I was asked by a client who recently became a citizen whether they can now start to sponsor their family. You have the eligibility to sponsor your spouse, children, adult children, and even siblings. Spouses and minor children can take up to six months, while married children cases can take up to seven years. Sibling sponsorships can take up to ten years. Have you recently become a U.S. citizen and wish to sponsor your family? Contact our experienced New Jersey immigration attorney for guidance.

DAPA Requirements | Sponsoring Your Parents

As a New Jersey Immigration Attorney, I am often asked once someone gains their Green Card if they can sponsor their parents. You must become a U.S. Citizen in order to sponsor your parents.  As a Green Card holder, you can sponsor your spouse, minor children, or unmarried adult children. It can take a year and a half to sponsor a spouse, and over seven years for unmarried adult children. You will be able to file for U.S. citizenship once you have had your Green Card for five years. At The Scheer Immigration Law Group, we are dedicated to helping individuals and families seeking Deferred Action for New Jersey Families. We are here to offer our expertise, support, and guidance, ensuring that you have the best possible chance of a successful DACA application. Contact us today to schedule a consultation and let us assist you with your DACA case. Together, we can work towards a brighter future for you and your family.

How Deferred Action Can Help New Jersey Families Access Health Care

Access to healthcare is a fundamental human right that every person deserves. Unfortunately, many people in New Jersey still face challenges in accessing healthcare, especially undocumented immigrants. However, Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) offer an opportunity for undocumented immigrants to access healthcare. Deferred Action is a policy that was introduced by the Obama administration in 2012 to provide temporary relief to undocumented immigrants who came to the United States as children. DACA and DAPA enable eligible individuals to obtain a Social Security number, work authorization, and protection from deportation for a renewable period of two years. As a result, these individuals are able to access healthcare and other benefits that were previously unavailable to them. The impact of Deferred Action on healthcare access in New Jersey has been significant. According to a report by the Center for American Progress, DACA recipients have reported significant improvements in their health, mental health, and access to healthcare. Similarly, undocumented immigrants who qualify for DAPA will also have access to healthcare, including Medicaid, the Children’s Health Insurance Program (CHIP), and Affordable Care Act (ACA) marketplace coverage. For many New Jersey families, Deferred Action has provided a lifeline to affordable healthcare. A study by the New Jersey Policy Perspective found that DACA has enabled over 17,000 individuals to access health insurance in the state. Additionally, DAPA would allow an estimated 121,000 undocumented immigrants in New Jersey to gain access to healthcare. Furthermore, Deferred Action has broader benefits beyond healthcare access. For example, it enables eligible individuals to work legally and pay taxes, which can boost the economy and contribute to the community. Deferred Action recipients also report improvements in their mental health and wellbeing, as they no longer have to live in fear of being separated from their families and communities. However, it is important to note that Deferred Action is not a permanent solution. It is a temporary program that could be discontinued by any administration, leaving beneficiaries vulnerable to deportation and loss of benefits. Therefore, it is crucial for Congress to pass comprehensive immigration reform that provides a pathway to citizenship for undocumented immigrants, ensuring that they have access to healthcare and other benefits on a permanent basis. In addition, there are still challenges that need to be addressed to improve healthcare access for all in New Jersey. For example, language barriers and lack of healthcare providers who accept Medicaid and other low-income health insurance can limit access to healthcare. Furthermore, some undocumented immigrants may be hesitant to seek healthcare services due to fear of deportation. To address these challenges, New Jersey should invest in language access services and culturally competent healthcare providers who understand the unique needs of immigrant communities. Additionally, New Jersey should expand Medicaid coverage and provide financial incentives to healthcare providers who accept Medicaid and other low-income health insurance. It is important to recognize that healthcare is a human right and that all individuals, regardless of their immigration status, should have access to quality healthcare. As a society, we must work together to ensure that everyone has the resources they need to live healthy and fulfilling lives. By supporting policies like Deferred Action and comprehensive immigration reform, and investing in healthcare infrastructure, we can create a more equitable and just society for all. At The Scheer Immigration Law Group, we are committed to helping New Jersey families access healthcare by providing legal assistance to those who are eligible for Deferred Action. We understand the complexities of the immigration system and the challenges that immigrants face in accessing healthcare. By providing legal support, we hope to empower individuals and families to live healthy and fulfilling lives in the United States. Our team of experienced immigration attorneys can guide individuals through the application process for DACA and DAPA, ensuring that all the necessary documentation is provided and deadlines are met. We can also provide legal advice and representation to individuals who are seeking to renew their DACA or DAPA status, as well as those who are facing deportation proceedings. We recognize the importance of healthcare access for all individuals, regardless of their immigration status. That is why we are dedicated to supporting policies like Deferred Action and comprehensive immigration reform that promote access to healthcare and other benefits for all. As a legal team, we are committed to serving our community and advocating for the rights of immigrants in New Jersey and beyond. In recent years, immigration policies in the United States have experienced significant shifts, impacting the lives of millions of immigrants and their families. One crucial aspect of immigration law that has been subject to changes is Deferred Action. For individuals in New Jersey seeking relief from deportation or eligibility for work authorization, staying informed about the latest updates and requirements of Deferred Action is essential. In this article, we will explore the recent updates and changes to New Jersey Deferred Action and the requirements applicants must meet to be eligible for this vital program.

Understanding Deferred Action

Deferred Action is a discretionary decision by the Department of Homeland Security (DHS) to temporarily defer an individual’s removal from the United States. It does not provide a direct pathway to citizenship or permanent residency but offers protection from deportation and, in some cases, grants eligibility for work authorization. This crucial program was designed to provide relief to individuals who arrived in the United States as children (commonly known as “Dreamers”) or those who meet specific criteria due to exceptional circumstances. Deferred Action has been a topic of ongoing debate and has experienced several updates, particularly in response to the changing political landscape. It is crucial for prospective applicants to remain updated about the latest developments to ensure they have the most accurate information when applying.

Recent Updates to New Jersey Deferred Action

As of [Current Date], there have been notable updates to New Jersey Deferred Action. While some updates may be minor adjustments, others could have a significant impact on the eligibility criteria or application process. To stay informed and updated, applicants are encouraged to consult with an experienced immigration attorney who can provide the most accurate and up-to-date information.

Requirements for New Jersey Deferred Action

Eligibility for New Jersey Deferred Action is subject to meeting specific requirements. Although each case is unique and may require an individualized approach, some common requirements include:

• Age Requirement: Applicants must have arrived in the United States before the age of 16 and must be below a certain age at the time of the Deferred Action application. The specific age requirements may vary based on the latest guidelines issued by DHS.
• Continuous Residence: The applicant must demonstrate continuous residence in the United States for a certain period. Any extended absences or violations of legal status could affect eligibility.
• Educational Pursuits: Some Deferred Action programs require applicants to be currently enrolled in school, have graduated high school, obtained a GED, or been honorably discharged from the U.S. Armed Forces.
• Criminal Record: Applicants must not have significant criminal convictions, and they should not pose a threat to national security or public safety.
• Entry Date: The date of entry into the United States is a crucial factor in determining eligibility for certain Deferred Action programs.
• Physical Presence: The applicant must prove they were physically present in the United States on a specific date or during a particular period.

It is vital for applicants to recognize that these requirements are subject to change, and consulting with an immigration attorney can help them understand the latest guidelines and prepare a strong application.

Preparing a Deferred Action Application

The process of applying for New Jersey Deferred Action can be complex and intimidating. To increase the chances of a successful application, it is highly recommended to work with an experienced immigration attorney who specializes in Deferred Action cases. An attorney can guide applicants through each step of the process, ensure all required documentation is complete, and address any potential obstacles.

Staying Informed and Updated

Given the ever-changing landscape of immigration policies and regulations, it is crucial for prospective applicants to stay informed and updated on the latest developments regarding New Jersey Deferred Action. Here are some helpful tips:

• Consult with an Immigration Attorney: A qualified immigration attorney is well-versed in the latest laws and policy changes concerning Deferred Action. They can provide accurate information, assess your eligibility, and guide you through the application process.
• Follow Official Government Sources: Rely on official government websites and reputable sources for the most accurate and up-to-date information about Deferred Action policies.
• Stay Connected with Advocacy Groups: Stay connected with local and national advocacy groups that focus on immigrant rights and immigration policies. These groups often share updates and valuable resources for Deferred Action applicants.
• Attend Workshops and Seminars: Keep an eye out for workshops, seminars, and community events organized by reputable organizations or law firms specializing in immigration. These events often provide valuable information and answer questions related to Deferred Action.

In this dynamic and ever-changing landscape of immigration law, it is crucial to remain updated with the latest information about New Jersey Deferred Action. If you or a loved one are considering applying for Deferred Action, don’t navigate this intricate process alone. The Scheer Immigration Law Group is here to help. Our team of skilled and compassionate immigration attorneys has extensive experience in handling Deferred Action cases. We are committed to providing personalized attention and expert guidance throughout the application process, ensuring the best possible outcome for your case. Contact us today to schedule a consultation and take the first step towards securing a brighter future with New Jersey Deferred Action. Let us stand with you and fight for your rights in this challenging journey towards stability and opportunity in the United States.