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How Texas Families Can Prepare While Immigration Reform Moves Through the Courts

Family sitting in front of houseThis is the next post in our series discussing what Texas residents should know about recent immigration reform. Our last post discussed the recent injunction a Federal Judge in District Court passed regarding the DACA expansion plan and DAPA. In this article we will discuss how families who had intended to apply under those laws may wish to proceed.

Texas families who plan to apply for deferred action under DAPA and the extended DACA plan should continue to prepare

The future of DAPA and DACA is uncertain. However, supporters of the immigration reform laws remain positive that the Courts will recognize the legality of the President’s executive action. In the meantime, families who had hoped to apply for DAPA and DACA under the extended plan should continue to prepare their documentation. As both plans require extensive proof that one has continuously lived in the country it is in resident’s best interest to not only keep already prepared documents on hand, but continue to add to the “continuous living” proof. As the application dates have been pushed back, Texas residents should continue to save and make copies of bills, tax returns, and all other documentation that will be beneficial if and when the injunction is lifted. Immigrants should also continue to save up for the required fee that also is required to apply. If a person has a non-serious misdemeanor on their record then it is in their best interest to meet with an immigration attorney early to discuss the matter.

Texas residents intending to apply for DAPA relief should not leave the country and should obey all laws

One of the biggest criteria of both DACA and DAPA is that the applicant has remained continuously in the country. It is extremely important for Texas immigrants, who intends to apply for DACA or DAPA, that they not leave the country for any reason. Leaving could place your eligibility in danger permanently. It is also extremely important to follow all laws in the interim. DACA is extremely strict about a clean criminal record and only allows “insignificant” misdemeanors. A criminal conviction of DUI, burglary, drug possession, or domestic violence will make a person permanently ineligible to apply for deferred action.

We understand your frustration, given the recent Court injunction. Our Austin immigration attorneys encourage anyone who has questions regarding the future of DAPA or the extended DACA program to contact our office for a consultation. We aggressively support reform and are dedicated to helping clients prepare as much as possible.

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