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DAP Forums > DREAM Act > The Lounge

Regarding whether to renew or not...

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#1
11-11-2016, 05:19 PM
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ChinaDreamer
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So I spoke to my attorney and he told me once you sent in the renewal and USCIS cashed your check and provide the receipt number, they have to process your application regardless of the policy change. Also once your EAD is approved they cannot take your EAD away until the expiration date.

Anyone have similar respond from attorney?
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#2
11-11-2016, 05:21 PM
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markten
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I don't know about that but I would renew if your stuff is due to expire soon...even if Trump takes away DACA we might be able to keep them until they expire so it's probably good idea to renew.
__________________
2016 Renewal Timeline
Sent in-5/20/2016 via USPS Express | Received-5/23/2016 | Check cashed & Text Received-5/26/2016 | Letter Received-5/31/2016 | Bio Appt Letter-6/4/2016 | Bio Appt-6/22/2016
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#3
11-11-2016, 05:38 PM
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Do it, they already have your information.
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#4
11-11-2016, 05:41 PM
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zalmoxe
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I just renewed mine and had my biometrics captured on election day!
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#5
11-11-2016, 06:15 PM
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rock steady
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Quote:
Originally Posted by ChinaDreamer View Post
So I spoke to my attorney and he told me once you sent in the renewal and USCIS cashed your check and provide the receipt number, they have to process your application regardless of the policy change. Also once your EAD is approved they cannot take your EAD away until the expiration date.

Anyone have similar respond from attorney?
Your attorney's assertion that once USCIS issues an EAD, it can't terminate employment authorization prior to the expiration date is wrong. It can, for example, if the underlying basis for which it was issued no longer exists - here, that would be DACA. If USCIS does terminate prior to the expiration date, it needs to provide 15-day notice. The card would remain valid on its face, but it would be actually expired. That is a separate action from terminating deferred action.

I believe that is discretionary so you can hope that DT allows cards simply to expire, but I'm not sure how probable that is. As an example of how that is discretionary, the Obama Administration chose not to revoke 3-year EADs issued as a part of eDACA that were issued before the injunction in 2015. Even though the basis for issuance (eDACA) was no longer valid, the Administration chose not to have cards issued before the injunction sent back, only those issued after the injunction.
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#6
11-11-2016, 07:42 PM
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That's really good to know, at least you'll be safe temporarily! I know that we have to wait 120 days before the expiration date to submit a renewal application, has anyone submitted earlier and gotten accepted? Mine doesn't expire until July, 2017...
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#7
11-11-2016, 08:41 PM
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I want to delete this account and it's weird that there is no option to do so.
Last edited by intothemystic; 08-01-2022 at 07:12 PM.. Reason: because I wanted to
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#8
11-11-2016, 10:24 PM
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Chyno.01
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Just renew.

A tip, do not use a lawyer for DACA. It is a ripoff. But if you have the money go ahead.
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