DACA Q & A with Orlando Immigration Attorney Henry Lim

Hi everyone, it’s Henry. Our Orlando office is getting a lot of calls about what is happening with DACA. Dreamers and their families feel more uncertain than ever, and as an immigration attorney for 19 years, I wanted to share my own analysis, and talk about what these changes could mean to you and your family.

First, and most importantly, the last DACA filing deadline is October 5th for those whose status and work permits expire before March 5, 2018. You must get ready now as there will not be any extensions granted.  

Will immigration come after me on March 6th?

Unfortunately, with this administration it could be possible. It is important to consult an immigration attorney to see if there is a more permanent alternative in your case.  In the eventuality you are detained, it is crucial you inform someone you trust with a plan of action.  Who will call the attorney?  Who will pick up the kids?  Who will contact the family?  How will we handle the situation economically?  

If my work permit expires March 6th, can I file for two more years?

No. The deadline is absolute at this time.  We cannot stress enough the importance of seeking competent legal help to seek a viable solution.

And what about Parole? What is it and can I still file?

Parole will no longer be available under DACA.  One of the most important attributes to DACA not typically discussed was the ability to obtain an advanced parole.  This is a document allowing your return to the United States after travel abroad.  In order to qualify for an advanced parole under DACA, one had to prove there was some sort of emergency requiring travel.  Upon return the person would be granted a legal entry.

This is important because there are two places one gets a green card.  If it is in the United States, it is called adjustment of status.  If it is done abroad, we call it consular processing.  The problem with consular processing is that it can lead to ten year bars where the person may not be able to return to the United States even if they are married to a United States citizen.  The problem is that if one entered without inspection, even as a child, that person is typically not eligible for adjustment of status.  The advanced parole cured this defect in many people’s ability to adjust status.  Unfortunately, all advanced parole applications under DACA will be returned and will no longer be considered.

Hire an experienced Attorney

This underscores the importance of going to a competent attorney who can provide you with this type of strategy or with someone who says they do immigration but in reality, all they do is fill out a form and take your money. This is also one way how the administration is clamping down on all immigration, legal and illegal. All processes have slowed to a crawl.

Remember, the safest course of action is to hire an attorney who concentrates in immigration. Now more than ever before, experience matters. Any time there are changes in immigration law, there are people willing to come out and take people’s money before they disappear. We are already seeing it. People are falling prey to unscrupulous characters.

Immigration has been a political football long before Trump took office. But Trump and his administration are actually carrying out their promises to restrict ALL immigration.

You can call our office and we will help you find your way home.

Ask Henry Lim
Do you have a question for Henry Lim? During over 20 years of practicing law, he has helped more than 10,000 families move to the United States. You can Ask Henry a question at [email protected] or submit a video question by sending a link to one of our channels. For legal assistance, email or call for an appointment: 407-897-8870. Our first consultation is complimentary.