Deferred Action / DREAMers

Remaining in the United States under the Deferred Action for Childhood Arrivals, or DACA, program, presents a unique set of challenges, especially if you are a recipient who encounters a need to travel abroad. If you are a DACA recipient or applicant, making a wrong move regarding international travel can have catastrophic consequences. Before embarking on international travel, it is wise to consult with an experienced Maryland immigration lawyer.

The tale of a young couple, featured in a CNN travel series about “incredible stories of travel connections” called “Chance Encounters,” serves as a reminder of this challenge and the dangers of wrong choices.

The pair were two Southern California residents. He grew up in California, while she came to Los Angeles from Europe to pursue a post-graduate university degree. They met on a hiking trail in the San Gabriel Mountains when their respective groups encountered the same rattlesnake.

Earlier this month, the Biden Administration and the U.S. Department of Homeland Security announced two new initiatives related to immigrants. One is tailored toward expediting the work visa process for college degree-holding Deferred Action for Childhood Arrivals (DACA) recipients (“DREAMers”) who graduated from U.S. colleges and universities. The other is designed to help undocumented spouses and children of U.S. citizens in their pursuit of legal status. The new initiatives are yet another reminder that the law regarding DREAMers is fluid and evolves frequently. As you pursue your work visa, it is wise to retain a knowledgeable Maryland immigration lawyer who is fully up-to-date on the latest changes related to DACA and the Development, Relief, and Education for Alien Minors (DREAM) Act.

One initiative will purportedly expedite the process for DREAMers with college degrees from accredited U.S. colleges/universities and have qualifying job offers. To access the new policy, the offer must be: (1) from a U.S. employer and (2) be in a field related to the applicant’s university major. Additionally, the applicant must “otherwise qualify for the nonimmigrant visa they are applying for.”

If the applicant meets these criteria, he/she could be eligible for a Section 212(d)(3) waiver. Section 212(d)(3) allows federal immigration authorities, on a discretionary basis, to waive most grounds of inadmissibility. This part of the new initiative involves providing enhanced clarity regarding waiver eligibilities, processes, and procedures under Section 212(d)(3).

Articles Posted in Deferred Action / DREAMers

Traveling Abroad as a DACA Recipient

How a New Federal Initiative Could Substantially Benefit ‘DREAMers’ Seeking Visas