Are you in DACA Status? Did you recently receive a Three-Year EAD? Better Return It.

Under the provisions of the Executive Order signed by President Obama earlier this year, EADs for certain DACA recipients was to be extended from two to three years.  However, due to the Court Case brought against USCIS very soon after the signing of the order, an injunction was placed on many of the provisions, including the extension of DACA to three years from two years (and the extension of the EADs).  Well, apparently USCIS, by mistake, issued 2000 EADs for those renewing their DACA status for three years, in violation of the injunction.   In a misguided attempt to rectify this issue, USCIS re-issued two year EADs for those DACA recipients and sent them a letter that they must return the three year EADs or they could loose their status.

It is extremely important for those who received such an EAD to return it immediately so that they do not have to worry about loosing their status.  Make sure you get a receipt from USCIS that they did receive it.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

Author: Adam Frank, Esquire

I am an immigration attorney with over 20 years of experience. I was graduated from Brandeis University undergrad in 1990 and then spent a year traveling around Central America. In 1991 I began attending the University of Baltimore School of Law and was graduated in 1994. I began working in Immigration Law in 1998 when I joined a small law firm and, in 2000 opened my own firm with my law partner Ed Leavy. Sadly, Ed passed away in 2011. I am still a partner in my own firm with my current partner Brendan Delaney. Our firm is Frank & Delaney Immigration Law, LLC.

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