Latest Developments in

Immigration Law

DACA: Finalized Rule

The Biden administration finalized a rule to protect the Deferred Action for Childhood Arrivals (DACA) initiative from further legal challenges. The final rule will be published August 30, 2022 and goes into effect October 31, 2022. Hundreds of thousands of young undocumented immigrants — known as Dreamers — would be shielded from deportation!

The final rule is 453 pages. Here is an excerpt of an article published by the American Immigration Council discussing the DACA initiative and other policies designed to protect Dreamers and, provides a summation of what is coming!

The Dream Act: An Overview **

The Dream Act would permanently protect certain immigrants who came to the United States as children but are vulnerable to deportation. This fact sheet provides an overview of the most recent version of the Dream Act1 and similar legislative proposals.

Federal Legislative Proposals

There are two versions of the Dream Act currently before Congress: the Dream Act of 2021 (S. 264) and a version of the Dream Act that is incorporated into a larger bill known as the Dream and Promise Act of 2021 (H.R. 6).

Both bills would provide path to citizenship for Dreamers. H.R. 6 would also provide a path to citizenship to beneficiaries of two humanitarian programs: Temporary Protected Status (TPS) and Deferred Enforced Departure (DED).

What Would the Dream Act Do?

Both versions of the Dream Act would provide current, former, and future undocumented high-school graduates and GED recipients a pathway to U.S. citizenship through college, work, or the armed services.

Step 1: Conditional Permanent Residence

In a nutshell: if you’re in DACA, you’re a CPR! Exception? Not if you have persecuted others or have been convicted of certain crimes. Still, a waiver might be available for certain criminal offenses!

Step 2: Lawful Permanent Residence

Anyone who maintains CPR status could obtain lawful permanent residence (LPR status or a “green card”) by satisfying one of the following requirements (or qualify for hardship waiver, or applicant is a person with a disability, or a full-time caregiver):

• College Grad or finished 2 years in a program for bachelor’s degree.
• Two years of military service with an honorable discharge, if discharged.
• Employed three years with EAD at least 75% of that time.

Step 3: Naturalization

After maintaining LPR status for five years, an individual can generally apply to become a U.S. citizen through the normal naturalization process.

If you have any questions, call USCIS 1-800-375-5283 or schedule an appointment at www.jwulaw.com to confer with Attorney Jon Wu. He has been actively engaged in law practice since 1973!!

**Excerpt from article published by the American Immigration Council, “The Dream Act: An Overview,” March 16, 2021.

San Mateo Immigration Lawyer Serving San Francisco Bay Area