DACA Final Rule Reminders

Client Alert!

On Aug. 24, 2022, the Department of Homeland Security (DHS) announced a final rule that will preserve and fortify the DACA policy.

The new rule:

  • Maintains the existing threshold criteria for DACA;
  • Retains the existing process for DACA requestors to seek employment authorization; and
  • Affirms the longstanding policy that DACA is not a form of lawful status but that DACA recipients, like other deferred action recipients, are considered “lawfully present” for certain purposes.


The final rule will take effect Monday, October 31, 2022. However, while a July 16, 2021, injunction from the U.S. District Court for the Southern District of Texas remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization under the final rule. Because that injunction has been partially stayed, DHS presently may grant DACA renewal requests under the final rule.

As always, be careful of scams, rumors, and bad advice. You can find more information on scams and legal services by going to USCIS’ “Avoid Scams” webpage.

Click the link to read more about the final rule. 

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December 2022 Visa Bulletin Summary

Client Alert! Throughout the month of December, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier

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Dana Davidson - Full Bio

Dana T. Davidson holds degrees from the Benjamin N. Cardozo School of Law and State University of New York at Stony Brook and has been practicing immigration law since 2003 in New York and nationwide. She represents corporations, individuals, and families in a broad range of immigration matters. Attorney Davidson has offices in New York City and Glen Cove.
 

Education

  • Benjamin N. Cardozo School of Law, Yeshiva University, New York, New York
  • Juris Doctor – 1988
  • Honors: Moot Court Board, Member, Judge
  • State University of New York at Stony Brook, Stony Brook, New York
  • Bachelor of Arts – 1982
  • Major: Political Science
  • Concentration: Business


Pro-Bono Activities

  • Safe Passage Project, Volunteer Attorney, 2013-Present
  • Educating the Educators, Founder, 2012-Present
  • Momentum Project, Board Member, 1991-1994 Bar Admission
  • New York, Eastern District
  • New York, Southern District
  • Washington, D.C.

Speaking Engagements
 
  • AILA RDC-EMEA Spring Conference 2018, Berlin, Germany, Speaker on “Public Charge” panel
  • AILA RDC-EMEA Fall Conference 2018, Johannesburg, South Africa, Speaker: “Practice Management in the New Age” panel
  • AILA RDC-EMEA Spring Conference 2018, Madrid, Spain, Speaker: “El Traje de Luces: Self-Sponsored Petitions – EB-1A and NIW”  AILA RDC-EMEA Spring Conference 2017, Brussels, Belgium, Speaker: “Continuing Blanket L Challenges”
  • Safe Passage Project, March 2017, Speaker: “Representing Unaccompanied Minors: Special Immigrant Juvenile Status and the Effects of President Trump’s Executive Orders on Immigration”
  • AILA RDC-EMEA Fall Conference 2016, Speaker: “It’s Not About Money: I-864”
  • AILA RDC-EMEA Spring Conference 2016, Vienna, Austria, Speaker: “K-Visa: Differences Between K-1 and I-130 Processing”
  • New York Institute of Technology’s Center for Entrepreneurship, January 2016, Entrepreneur/Executive-in-Residence
  • AILA Fall Conference 2015, London, UK, Speaker: Impact of joint sponsors on family-based cases
  • Goldman-Sachs 10,000 Small Business Education Program, October 2014, “What is required to grow a business?”
  • Dowling College, May 2013, Keynote Speaker at the first annual Latino Summit at Dowling College
  • International Taxation Conference, 2010


Past Positions

  • Fragomen Del Rey Bernsen & Loewy, P.C., Senior Associate, 2001 to 2002
  • Hirson Wexler Perl, LLP, Senior Attorney, 2000 to 2001
  • Chambers Davidson, LLP, Partner, 1992-2000
  • Unity Healthcare Holding Company, Inc., General Counsel, 1989-1991
  • North American Philips Corporation and Philips Credit Corporation, Assistant General Counsel, 1988-1989
  • Certilman Haft Balin Buckley Kremer & Hyman, Law Clerk, 1983-1988

 

Addresses


15 Glen Street, Suite 302A
Glen Cove, New York 11542

5 W 37th Street, Suite 525
New York, New York 10018