Frequently Asked Questions About DACA Termination
Frequently Asked Questions About DACA Termination
Disclaimer: This advisory is not intended as legal advice and is not a substitute for the advice of an immigration expert.
Is my DACA still valid?
If you have DACA now, your status and work permit will remain in effect until your current two-year DACA period expires, unless your status is terminated or revoked. To find out when your DACA and work permit expire, look at your I-765 Approval Notice and the bottom of your Employment Authorization Document (EAD).
I don’t have DACA. Can I still apply?
USCIS has stopped taking first-time applications dated after September 5, 2017. No new DACA applications will be accepted.
I already submitted my DACA application for the first time. What will happen to my application?
USCIS will process your application if it was received and accepted before September 5. It is unclear what will happen to applications that were left in the lockbox if you did not get a receipt from USCIS for that application.
I submitted my DACA renewal application before September 5. What will happen to my application?
If your renewal application was awaiting a decision on September 5, 2017, it will be acted on by USCIS. If USCIS received your application before that date but did not send you a receipt notice, it is unclear if your application will be acted on.
My DACA is expiring soon. Can I renew it?
If your DACA expires on or before March 5, 2018, you can apply for a two-year renewal. Your renewal application must be received by October 5, 2017. After October 5, 2017, USCIS will no longer accept any renewal applications.
If your DACA expires on or after March 6, 2018, you won’t be able to apply for renewal.
If my DACA doesn’t expire until after March 5, 2018, can I still apply for renewal?
Unfortunately, USCIS has said that they won’t accept or process renewal applications submitted after September 5 if the person’s DACA expiration date is March 6 or later. For example, if your DACA expires on December 7, 2018, and you don’t have a renewal request pending, you cannot apply for DACA renewal.
Can I still apply for advance parole?
No. Advance parole to travel outside of the United States is no longer available.
The Department of Homeland Security (DHS) will no longer give DACA recipients permission to travel abroad through advance parole. If you applied for advance parole, your application will not be processed and DHS will refund any associated fees.
DHS has said it will generally honor grants of advance parole it has already made until they expire. Anyone traveling on advance parole must return to the United States before their advance parole expires. It is possible that someone outside the United States with advance parole could be denied re-entry into the United States. Talk with an immigration attorney or a nonprofit authorized to provide immigration legal services before you leave the United States with DACA advance parole.
What does this decision mean for my ability to work?
You can work until your employment authorization ends. The ending date is on your EAD card. Your employer should not ask to verify your work permit again until your current expiration date. At that time, if you were able to renew your DACA and your work permit (or you got a work permit on another basis), you must show your new work permit to your employer to prove that you can lawfully work in the United States.
You have the right to apply for a new job or change jobs until your work permit expires.
Your employer will most likely lay you off when your current work authorization expires if you no longer have a valid work permit. You can ask your employer to place you on a leave of absence until you can show you are authorized to work again, but your employer isn’t required to agree.
What happens to my driver’s license when my DACA is terminated or my work permit expires?
Your license to drive will not end when your DACA status or work authorization end. Connecticut currently gives driver’s licenses to eligible residents, regardless of their immigration status. The website for the Connecticut Department of Motor Vehicles has more information on Connecticut’s “Drive Only” program. http://www.ct.gov/dmv/cwp/view.asp?a=805&q=547212
Do I still have health insurance?
If you have health coverage through your employer, you should remain covered as long as you are employed.
If you have health coverage through your spouse’s or partner’s employer, you should remain covered. There are no immigration status requirements for such coverage.
DACA recipients are not eligible for health insurance through the Affordable Care Act (ACA), such as Access Health CT, so the cancellation of DACA doesn’t affect your access to those plans. You can buy private health coverage directly from insurance companies and brokers - your immigration status does not matter. However, no financial assistance is available, and coverage can be purchased only during an open enrollment or a special enrollment period.
I don’t have health insurance. Do I have any other options for affordable health coverage?
The following health care places and services are available to everyone, including uninsured immigrants and people who have DACA or whose DACA expired:
- emergency-room care;
- community health centers and free clinics;
- public and safety-net hospitals; and
- public health services (immunizations, treatment of communicable diseases such as tuberculosis, HIV, and sexually transmitted diseases).
SOCIAL SECURITY NUMBERS AND TAXES
What will happen to my Social Security number?
Your Social Security Number (SSN) is valid for life, even after your work permit and DACA grant expires.
- If you have not done so already, apply for a Social Security Number while your DACA and work permit are still valid.
- You can and should continue to use the SSN you got under DACA as your SSN, even after your work permit expires. You can use your SSN for education, banking, housing, and other purposes.
- Your SSN remains valid for tax purposes, so you should continue to use your SSN for that purpose.
- NOTE: You must have a valid work permit to use your SSN for employment purposes.
If you have questions about tax filing, you can visit a local tax clinic. In general, if you earn less than $54,000 a year, you are eligible for free services at Volunteer Income Tax Assistance (VITA) sites. You can find a local VITA site here: https://www.irs.gov/individuals/free-tax-return-preparation-for-you-by-volunteers.