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Should I Wait Until After The Election To File My Deferred Action (DACA) Case?

10/2/2012

8 Comments

 
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No, you should not.  

Many of the deferred action (DACA) clients who've come to see us have expressed fear that if Obama loses the election in November, President Romney will revoke their deferred action work permits.

Many people are in fact waiting to file.

There is scarcely a month left before we will know who the next President of the United States is.  But if you haven't filed already, you might be throwing away a good opportunity.

On Monday, October 1, 2012 Republican presidential hopeful Governor Romney told The Denver Post that he would not revoke the deferred action work permits for those who had already received the benefits.  "The people who have received the special visa that the president has put in place, which is a two-year visa, should expect that the visa would continue to be valid. I'm not going to take something that they've purchased," said Governor Romney. "Before those visas have expired we will have the full immigration reform plan that I've proposed."

Update: 10/3/2012: Romney flip-flopped.  In an interview with The Boston Globe, the Romney campaign clarified that President Romney would honor deportation exemptions issued by the Obama administration before his inauguration but would not grant new ones after taking office.  Romney once again takes a shot at the DREAMers.

That means you have until January 20, 2013 to get your deferred action work permit.  It takes at least 3 months to get it.  That means you should file now.  If you wait, and Romney wins, and your case is still pending after he takes office, your case will be denied.

If Obama wins, few people are worried about the program.  If Romney wins, he will revoke DACA (deferred action.)  But he can only do so after he actually takes the oath of inauguration and becomes President, and only for people who have not actually received their deferred action decisions as of the date he becomes President.  That will not happen until January 20 next year.   

So if you qualify, you need to obtain it before Romney would be sworn in.  That means if you are eligible, you need to file.  And you need to file NOW. 

It is all the more important to get the right help, because if you don't, you might draw a nasty Request for Evidence, which will delay your case.  If Romney wins, and you haven't gotten your approval by January 20, 2013, you will lose out.

We continue to file dozens of DACA cases and are ready to advise you in your situation.  Call us or text us at (703) 964-0245 and visit our Deferred Action page.  We can quickly tell you not only whether you qualify, but what documents you need to get as quickly as possible so you can file.

8 Comments
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    Authors

    Sharifa Abbasi, Esq.
    Hassan M. Ahmad, Esq.
    Humza Kazmi, Esq.
    Faisal Khan
    ​Valeria Prudencio
    Carly Stadum-Liang, Esq.

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