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Benefits immigrants now have which could end after the next election

We are one year from the next presidential election. As usual, there is a lot at stake for immigrants. The Biden administration has reinstated and expanded several laws benefiting immigrants that were terminated by the Trump administration. If any of Joe Biden's opponents win the next election, several paths to legal status for immigrants could disappear.

Here are six important benefits that eligible immigrants should consider taking advantage of before the next election.

1. Deferred Action for Childhood Arrivals (DACA) renewals

Since 2012, nearly 1 million young immigrants have received a work permit and protection from deportation under the Obama-era executive action known as Deferred Action for Childhood Arrivals (DACA). Donald Trump tried to end DACA but was stopped by a court order. Joe Biden has improved the DACA process for those who have it and tried to reopen the program to new applicants ā€” only to be blocked by another federal judge. If one of his opponents wins, they will likely renew efforts to terminate DACA.

DACA holders can still renew their status every two years and are advised to keep their status current.

2. Travel permits for DACA recipients

Those with DACA can also seek permission to travel outside the U.S. temporarily for humanitarian, educational, or employment reasons. Those who are eligible must apply for advance parole, which provides advance authorization to reenter the U.S. after temporary travel abroad.

This privilege was eliminated by the Trump administration for four years but was reinstated by Biden in early 2021. This right to travel may very well disappear if one of Biden's opponents wins.

People with DACA should consider applying for this privilege before 2025. As explained below, reentering the country with advance parole can ease the path to permanent residence and citizenship.

3. Temporary Protected Status

Currently, people from El Salvador, Honduras, Nicaragua, Ukraine, Venezuela, and Haiti, among other countries, can apply for protection from deportation, a work permit, and a travel permit under a policy known as TPS, or "Temporary Protected Status."

The Trump administration tried to end TPS for most of these countries but was blocked by a federal court. Those with TPS should maintain their status and those eligible should apply well before the next election.

4. Permanent residence for TPS or DACA recipients

Anyone with TPS or DACA who marries a U.S. citizen or has an adult child born in the U.S. has an easier path to permanent residence. By reentering with advance parole, they can obtain their green card without the lengthy process of securing a pardon and having an interview at a U.S. consulate abroad. This applies to TPS and DACA holders without prior orders of deportation or other grounds for inadmissibility.

It's likely that a Republican president would eliminate this option. People with TPS or DACA who are married to a U.S. citizen or have a U.S. citizen child over 21 should take advantage of this route to a green card while it's available.

5. The right to apply for pardons in the U.S., rather than abroad

Most undocumented people in the U.S. need a "pardon" to get a green card, even with a U.S. citizen spouse or adult child. This pardon waives the usual 10-year penalty requiring them to leave the U.S. before obtaining permanent residence. They must demonstrate that leaving would result in "extreme hardship" to a U.S. citizen or resident spouse or parent.

In March 2013, the Obama administration implemented a provision called ā€œI-601A,ā€ allowing spouses of U.S. citizens to apply for pardons inside the U.S. This significantly shortens the time they are separated from family and work in the U.S.

This option might disappear under a Republican administration in 2025. Anyone eligible for an I-601A waiver should apply now.

6. Obtain U.S. citizenship and vote

Many immigrants with permanent residence who could become U.S. citizens don't apply, reducing the community's political power. A new president might tighten eligibility for U.S. citizenship, raise fees or time requirements. Therefore, those eligible should apply now. Given current processing times, they will likely become citizens in time to vote in Nov. 2024.

As they say in Spanish: ā€œSu voto es su vozā€ ā€” Your vote is your voice.

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