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Immigration Law

Biden Is President. What’s Next for DACA?

Under Biden, the federal government is once again supporting the preservation of DACA.

What Has Changed for DACA?
President Biden issued a memorandum on January 20, 2021, directing the Secretary of Homeland Security and the Attorney General to protect and preserve DACA. This direction represents a serious change in priority for the federal government, since President Trump’s administration sought to end the DACA program.

However, this memorandum does not change the basic outline of the program: the requirements to benefit from the program remain unchanged, and the possible benefits applicants can receive also remain the same.

Can I Apply for DACA?
Immigration is currently accepting new and renewal DACA applications. You can find questions and answers about who qualifies for DACA, and what benefits DACA recipients receive here on our blog.

If you think you may be eligible to apply for DACA or to renew your DACA, schedule an appointment to consult with Attorney Jon Wu about your DACA eligibility, or consult the USCIS website for a list of instructions and free copies of the forms.

I Heard Something About Biden Creating a Path to Citizenship for DACA Recipients. Is That True?
Biden has proposed an immigration bill that would grant DACA recipients permanent residency, and ultimately allow them to apply for citizenship. However, that bill is still in its very early stages, and as of January 2021, has not yet been passed by either house of Congress.

So, right now, there is no guarantee that DACA recipients will receive permanent residency, but it is a possibility, depending on the progress of relevant legislation.

I’m Not Eligible for DACA, But I Heard that Biden’s Immigration Bill Might Help Other People, too. Will I Be Eligible for Relief?
Biden’s immigration bill does propose offering immigration relief to undocumented people beyond current DACA recipients. However, Congress has not yet passed this bill or any other immigration bill proposed by Biden into law, and so none of the proposed changes are in effect, yet. The process of debating the bill will likely take some time, and it is not guaranteed that Biden’s plan will pass at all. If you need assistance with an immigration matter, or if you are not sure if you qualify for any currently available immigration relief, you can make an appointment with Attorney Jon Wu to discuss your case.

San Mateo Immigration Lawyer Serving San Francisco Bay Area