Hey guys, in this video, we're gonna talk about DACA. As many of you know, DACA is in trouble.
We're waiting on a decision out of the fifth circuit court of appeals about whether DACA gets
to stay, or it has to go. This is a significant moment and issue because many people are just
eagerly, awaiting and feeling a great deal of anxiety these days about what's gonna happen
next. For those of you who have DACA, I'm gonna talk with you in this video also about several
immigration options that I'd like you to be aware of and to consider if you're eligible for them in
the event, DACA goes away for those of you who are new to me. Thank you so much for watching
this video. I'm Latoya McBean POY and immigration lawyer in New York. Working with clients all over
the world on complex immigration matters. Reach out to us@mcbeanlaw.com or at 5
1 6 8 6 6 3900, where you can request an appointment with one of our attorneys. Also,
guys, thank you so much for your support. Thank you for subscribing to my channel. Thank you for
helping me to hit 200,000 subscribers this month. You guys are so awesome and I so appreciate you.
Okay, so let's talk about DACA. What's really going on here with DACA while in a nutshell, uh,
earlier this month, the three judge panel in the, at, in the fifth circuit court of appeals heard
arguments about, um, the case, whether to keep DACA or it has to, um, go and, you know, it's been
reported in the, in the media that the, the panel was, you know, they were very unimpressed with the
argument that were being raised by the government to keep DACA. And so, uh, there's speculation
that this conservative court will, um, side with Texas and say, this program is illegal.
Now the fifth circuit court of appeals is they hear decisions from Texas, Louisiana
and Mississippi. So guys, you know, this is a conservative court. If, um, the three judge
panel says the program is illegal, we're expecting the government to appeal the decision to the full,
uh, fifth, uh, the full court. And then if the full court or the full bench says, it's illegal,
we're expecting the government to take the appeal all the way up to the Supreme court. Now,
my thought is this, that if, if it turns out that, um, things go really, um, sour or badly,
I should say with the decision around DACA, well, there's gonna have to be a lot. We, we, we will
need to put a lot more pressure on Congress, right? Congressional action will really be
needed at that point to pass the dream act, which is many of, you know, has been around for over 20
years. And it's, um, it has passed the house and it's still sitting on the Senate side with no
Action by the Senate judiciary committee. And so there's gonna be a great deal of, uh, pressure for
congressional action to make the program, um, legal, uh, permanently. Uh, secondly I think
that from a policy standpoint, the department of Homeland security will need to create some sort of
stop gap program. Okay. Something, you know, maybe a parole program, something to transition people,
uh, into because, uh, to come to a very hard stop and cut so many people off, uh, DACA, um, that it
can be an incredible, an incredibly difficult, um, and dramatic thing. And so from a policy
standpoint, I could see the government creating some sort of program that would allow folks to
continue to be able to work, um, through work authorization and, um, and wait to see whether
there will be future litigation around this new program, so to speak. Um, and certainly, you know,
the government will continue to fight this thing all the way up to the Supreme court.
So those are some of the things that I've been thinking about
could possibly happen in the event. DACA goes away now, what are the immigration options, uh,
for those who have DACA? Well, firstly, there are humanitarian pathways to a green card. Firstly,
there is the UVS for victims of certain crime, uh, who worked with law enforcement to, um,
to solve the crime, uh, and, uh, or the da DA's office, um, to prosecute the crime.
And so there's that then you have the TV, which is for victims of trafficking, including
labor trafficking. Those of you who may have had very, very difficult times, uh, during, um,
certain employment. And, uh, you should definitely get your case screened to see whether you could
have a TV case, both of these pathways, um, uh, provide lawful status and, uh, an opportunity
to adjust your status later on. Then you have VAA the victims, um, domestic violence, victim
pathway, uh, for victims of domestic violence. And then there's TPS temporary protected status.
For those of you who are from a nation or a country that has been designated as a TPS
country. Um, then there's cancellation of removal and application process and immigration court
only, uh, uh, whereby a judge, um, can make a decision that you're eligible for the 10 year
green card. Um, but again, only for those who are in removal, um, uh, this option is available for
them. And then lastly guys, as you know, there are options through the family based system,
right through parents, um, uh, spouse, us citizen, or green card holder, spouse,
sibling. Those options are there, but you know, to adjust your status here in the United States,
you must have continuously maintained a lawful status. And for anyone with other, uh, uh, with
certain immigration violations, you would need to speak with an immigration lawyer to properly
identify what those, uh, violations are. Number one, and what the consequences are. And
also what the opportunities are if a waiver is available to overcome the violation. So
I want you to think about those things, but the point is don't sit on things don't just,
don't wait for the government to act or to make a decision, be very, very proactive and seek out
what your opportunities or your options are. Now, I know that for some of you who may have been,
um, who have may, who may have been brought in, um, to the United without
admission, without papers, obviously that's many, you know, that's, that's really the, um,
the, uh, you know, a lot of individuals who have DACA fit, that particular fact pattern brought
in as children without papers. There, there are some issues with that type of entry. However,
for some people, they are eligible for a waiver. If they have the right family relationships
and then they go overseas for a green card interview or an immigrant visa interview,
I should say, at a us embassy abroad, speak with someone about your, your options, reach out to us
at McBean law as well. If you'd like to discuss what your possible options are. Um, and don't
wait guys just don't wait, be very proactive. I hope you found this video helpful also, uh,
sign up, subscribe to our newsletter. We have a free weekly newsletter that we send out. Just
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emails, um, testimonials and immigration news emails, guys. Thanks so much for being with
me in this one. Thanks again for your support. And I will see you in the next one. Bye-bye.