DACA and the implications for ROC

[wololo 28]

So after all the recent events about the end of the DACA program, and how the program slowed down the process for Removal of Conditions of many people, what are the implications now that the program will be ended?

 

I've read in so many places that DACA was the cause all the ROCs were delayed up to a year when they usually took 6 months or less to complete, is there a reason to believe that now things will speed up if DACA ends?

 

I am currently waiting for my ROC to be approved, but the wait is killing me and I want to know how DACA is affecting us.

 

What is your opinion on this matter?

[Deagle 494]

Well, nothing will happen to DACA for at least 6 months. That's if something will really happen at the end. Believe it or not, the new decision regarding DACA might actually slow some processing from now till the coming months. Because the White House said "Dreamers should get ready to leave US". I am sure a big part of them have already started to seek ways to say in the country legally. Because they can stay in some cases, i.e marrying a US citizen.

[geowrian 22,336]

I wouldn't say it will have no impact for 6 months...no new applications nor AP/EAD requests are being permitted already. Renewals are permitted for 6 months.

Edited September 7, 2017 by geowrian

[darnit 2]

What a mess..

[Californiansunset 332]

44 minutes ago, Deagle said:

Well, nothing will happen to DACA for at least 6 months. That's if something will really happen at the end. Believe it or not, the new decision regarding DACA might actually slow some processing from now till the coming months. Because the White House said "Dreamers should get ready to leave US". I am sure a big part of them have already started to seek ways to say in the country legally. Because they can stay in some cases, i.e marrying a US citizen.

I actually heard that they can not marry an US citizen to stay because they technically don't have a legal status to adjust from now. Same goes for people who entered the US without inspection and then stayed... they can not marry a US citizen in order to become legal but have to first leave the country and have an interview at their consulate overseas... so same goes for DACA. 

[geowrian 22,336]

54 minutes ago, Californiansunset said:

I actually heard that they can not marry an US citizen to stay because they technically don't have a legal status to adjust from now. Same goes for people who entered the US without inspection and then stayed... they can not marry a US citizen in order to become legal but have to first leave the country and have an interview at their consulate overseas... so same goes for DACA. 

Depends...if they entered on a visa (not all DACA recipients entered without inspection), or if they entered with AP (DACA recipients can get AP), then they can adjust in the US. Otherwise, they have to interview abroad. They can get an I-601A provisional waiver to handle the 3/10 year bar before doing so since they are in the US now.

Edited September 7, 2017 by geowrian

[Californiansunset 332]

2 minutes ago, geowrian said:

Depends...if they entered on a visa (not all DACA recipients entered without inspection), or if they entered with AP (DACA recipients can get AP), then they can adjust in the US. Otherwise, they have to interview abroad. They can get an I-601A provisional waiver to handle the 3/10 year bar before doing so since they are in the US now.

thanks for the clarification. I heard a radio show yesterday with an immigration lawyer that talked about what happens to Dreamers if Trump goes through with his cancellation of DACA and they were specifically als talking about Dreamers that gained a Greencard through marriage but would then lose it. They must've talked about those who came without inspection then... although it's weird because they were talking about a German family with the husband having to go back to Germany if it was to be cancelled... well in order to come from Germany you get inspected at the airport so he should be fine but the lawyer said he wouldn't   Oh well... anyways thanks for the clarification again!

[geowrian 22,336]

28 minutes ago, Californiansunset said:

thanks for the clarification. I heard a radio show yesterday with an immigration lawyer that talked about what happens to Dreamers if Trump goes through with his cancellation of DACA and they were specifically als talking about Dreamers that gained a Greencard through marriage but would then lose it. They must've talked about those who came without inspection then... although it's weird because they were talking about a German family with the husband having to go back to Germany if it was to be cancelled... well in order to come from Germany you get inspected at the airport so he should be fine but the lawyer said he wouldn't   Oh well... anyways thanks for the clarification again!

Hmm..not sure where the cancellation of LPR status piece comes from. He cannot just take away somebody's status...LPRs have rights so it would need to go through an immigration judge. DACA itself had nothing to do with their eligibility for a green card. It did provide a means to get AP to re-enter as a parolee, but you can't retroactively say it never applied...they were inspected and admitted as required for AOS even if the underlying AP was issued via something that he didn't deem was legal.

 

Anyway, that just sounds like a big stretch / sky-is-falling statement to get people's attention.

Edited September 7, 2017 by geowrian

[Crazy Cat 39,388]

People need to calm down!!!  President Trump has done the best thing possible for Dreamers. He is telling Congress that they need to pass legislation to fix this....in other words, to give the Dreamers a viable, legal  path to remaining in their now home country (USA).  Otherwise, he would have ended it immediately, In stead, he gave Congress 6 months to pass legislation.  President Trump has no intention to deport Dreamers.  Otherwise, he would not have given Congress 6 months to fix Obama's temporary executive order.

[Deagle 494]

25 minutes ago, missileman said:

President Trump has no intention to deport Dreamers.  Otherwise, he would not have given Congress 6 months to fix Obama's temporary executive order.

Really? I am pretty sure he would deport the majority of the Permanent Residents if he could. The 6 months are just a bargain, he wants the Democrats to give in in some of his deals. ####### for tat.

[Cyberfx1024 7,978]

2 hours ago, Deagle said:

Really? I am pretty sure he would deport the majority of the Permanent Residents if he could. The 6 months are just a bargain, he wants the Democrats to give in in some of his deals. ####### for tat.

Yeah way to feed in to the hysteria that the Left is putting out only to invoke fear and hated for President Trump. He does not want to deport a majority of PR and I don't know where you ever heard that. My wife feels perfectly fine being a PR and because she knows she is in status. She also knows that as of right now she can't be deported unless convicted of a crime which is a condition of being a PR. 

 

Of course he is using DACA as a chess piece to pass the Raise Act. 

[Cyberfx1024 7,978]

4 hours ago, Californiansunset said:

thanks for the clarification. I heard a radio show yesterday with an immigration lawyer that talked about what happens to Dreamers if Trump goes through with his cancellation of DACA and they were specifically als talking about Dreamers that gained a Greencard through marriage but would then lose it. They must've talked about those who came without inspection then... although it's weird because they were talking about a German family with the husband having to go back to Germany if it was to be cancelled... well in order to come from Germany you get inspected at the airport so he should be fine but the lawyer said he wouldn't   Oh well... anyways thanks for the clarification again!

I have seen that a fair number of Immigration Lawyers are scum and just out to get as much money from as possible. So that's why they are trying to spread fear so that someone feels that they need to pay for an expensive lawyer to settle their case. 

[Seth And Quynh 77]

8 hours ago, Deagle said:

Well, nothing will happen to DACA for at least 6 months. That's if something will really happen at the end. Believe it or not, the new decision regarding DACA might actually slow some processing from now till the coming months. Because the White House said "Dreamers should get ready to leave US". I am sure a big part of them have already started to seek ways to say in the country legally. Because they can stay in some cases, i.e marrying a US citizen.

Actually they can't if they are here illegally they can't adjust status. There's no benefits to illegals who have come in the country illegally. I saw this on another forum where someone was trying to AOS because they married someone who was on daca and could not.

[Diane and Chris 651]

4 hours ago, missileman said:

People need to calm down!!!  President Trump has done the best thing possible for Dreamers. He is telling Congress that they need to pass legislation to fix this....in other words, to give the Dreamers a viable, legal  path to remaining in their now home country (USA).  Otherwise, he would have ended it immediately, In stead, he gave Congress 6 months to pass legislation.  President Trump has no intention to deport Dreamers.  Otherwise, he would not have given Congress 6 months to fix Obama's temporary executive order.

Exactly. If only people would stop and realize this.

[mcdull 474]

4 hours ago, cyberfx1024 said:

Yeah way to feed in to the hysteria that the Left is putting out only to invoke fear and hated for President Trump. He does not want to deport a majority of PR and I don't know where you ever heard that. My wife feels perfectly fine being a PR and because she knows she is in status. She also knows that as of right now she can't be deported unless convicted of a crime which is a condition of being a PR. 

 

Of course he is using DACA as a chess piece to pass the Raise Act. 

oh, those "I am scared" "I am freaked out" lefties.