Law Office of Renzo F. Manay

A very bad court decision regarding indefinite detention of immigrants without the right to a bond hearing.

As most of you have heard, this Administration has terminated Temporary Protected Status (TPS) for many foreign nationals in the same way that it terminated Deferred Action for Childhood Arrivals (DACA) last year. The announcement has immediately produced panic and anxiety among families who are directly (and indirectly) affected. Usually when TPS designation is terminated, a final extension is given to provide families sufficient time to make arrangements for a swift return... home. However, TPS registrants have resided in the U.S. lawfully for many years and have made the U.S. their home, thus it is very difficult to expect families to simply leave and start a new life in their native country. For this reason, it is very important that anyone who currently has TPS seek proper legal advice about what other forms of relief they may qualify for once TPS expires permanently. Furthermore, TPS registrants should also understand what happens procedurally if they fail to depart the U.S. Although most people believe that a deportation letter will be mailed to their home, that is not necessarily what happens. Instead, the procedure varies depending on the TPS registrant’s immigration history. For example, some TPS registrants already have pending removal proceedings in immigration court and they would be afforded the opportunity to continue pursuing any form of relief available to them. Some TPS registrants who have never been in front of the Immigration Court may be placed in removal proceedings for failure to depart and for being in the U.S. without any lawful status. Some TPS registrants may already have outstanding final orders of removal/deportation; these are the ones who are at great risk of removal once TPS expires. No one case is exactly the same as any set of facts can differ from one another, and the forms of relief available differ depending on the circumstances. Therefore, it is important that TPS registrants seek adequate legal advice to determine what their options are. It is never a good idea to go to notaries and/or immigration consultants as they will not be able to adequately assess someone’s immigration case from a legal perspective. One must always make sure to seek legal advice from attorneys who are trustworthy and very knowledgeable in the field of immigration law. See more

If you or anyone you know has DACA, USCIS is now accepting renewal applications. This does not apply to new, initial DACA applications. It only applies to those who have previously been granted DACA, including those whose DACA have already expired. Please read the formal announcement from USCIS for details. If you are unsure whether you can or should renew your DACA, please make sure to obtain proper legal advice as soon as possible.

DACA applications that were timely mailed prior to Oct. 5, 2017 but were rejected due to a delay in mail service can now be resubmitted to USCIS. Please read the linked guidance for more information. Be advised that this ONLY applies to DACA renewal applications that were timely mailed to USCIS but were untimely received due to a delay by the US Postal Service.

The sad reality that many DACA recipients failed to meet the 30 day deadline to file for renewal. Currently, USCIS is no longer accepting any type of DACA applications no matter the circumstances.

Received this email regarding scholarships for DACA renewals. "Mission Asset Funds has secured funding to cover EVERY DACA renewal in the U.S. for free. DACA recipients simply apply and MAF will send a check already written out to USCIS for payment of DACA renewal. This is not a loan and no one will be asked to pay the money back." The application can be accessed via the following website: http://lc4daca.org/

Summary on DACA after today's announcement (Resumen sobre DACA despues del anuncio de hoy): - No new initial applications permitted after today. (Ninguna nueva aplicacion inicial sera aceptada a partir de hoy.) - Initial applications submitted prior to today will be processed. (Nuevas aplicaciones iniciales sometidas antes del dia de hoy aun seran procesadas.)... - Currently pending renewal applications will be processed. (Aplicaciones de renovacion que estan actualmente pendiente aun seran procesadas.) - Current DACA recipients whose DACA expires prior to March 5, 2018 have 30 days (or until October 5, 2017) to file renewal applications. No other renewal applications will be accepted. (Aquellos que actualmente tienen DACA y que se expira antes del 5 de Mazo 2018 tienen 30 dias (o hasta el 5 de Octubre 2017) para someter aplicaciones de renovacion. Ninguna otra aplicacion de renovacion sera aceptada.) - Current DACA and Employment Authorization Document (work permit) approvals will not be terminated. (DACA y documentos autorizando empleo (permiso de trabajo) que estan actualmente aprobados no seran cancelados.) - No new Advance Parole documents will be granted based on DACA. (Ningun nuevo permiso de viaje basado en DACA sera otorgado). - Currently pending Advance Parole applications based on DACA will be administratively closed and fees refunded. (Aplicaciones pendientes para un permiso de viaje basados en DACA seran administrativamente cerradas y los pagos de las aplicaciones seran reembolsados.) - Currently approved Advance Parole documents based on DACA will be honored during its validity period. (Permisos de viaje basados en DACA que ya fueron aprobados seran reconocidos durante su tiempo de validez). - Once DACA expires, the Department of Homeland Security (DHS) can refer DACA recipients for a Notice to Appear (NTA) in accordance with the November 7, 2011 Policy Memorandum [https://www.uscis.gov/NTA]. The NTA is the document that formally initiates removal proceedings against a foreign national. ***Must speak with an attorney to evaluate how this applies to someone's individual case**** (Cuando DACA se expire, el Departamento de Seguridad Nacional (DHS) puede recomendar que una Orden de Comparecencia (NTA) se emitido a un recipiente de DACA de acuerdo a las instrucciones indicadas en el Memorandum de Normas del 7 de Noviembre del 2011 [https://www.uscis.gov/NTA]. La Orden de Comparecencia es lo que inicia procedimientos de expulsion contra un extranjero. ***Debe de consultar con un abogado para evaluar como esto aplicaria en cada caso individual*** )