Last week, a Federal Judge ordered the U.S. Citizenship and Immigration Services (USCIS) to resume accepting some Deferred Action for Childhood Arrivals (DACA) applications. The USCIS has posted on its website the guidelines for submission which are summarized below:
Who CAN submit a DACA application?
- If your DACA expired on or after September 5, 2017, you can submit a renewal request to the USCIS. You must submit Forms I-821D, I-765, and I-765WS with the fee of $495. There is no longer any requirement that your DACA have expired before March 5, 2018 as had been previously announced by the Administration; so long as your DACA expires on or after September 5, 2017, you may renew in the same manner as you have done in the past.
- If your DACA expired before September 5, 2017, you may still submit a request BUT it will be adjudicated like an initial application. This means you will have to prove again that you entered the U.S. prior to turning 16 years of age, that you resided continuously in the U.S. since June 15, 2007, that you were physically present in the U.S. on June 15, 2012, and that either you have graduated from High School or that you are currently enrolled in an ESL or GED program. You will likely have to use the same proof that you used in your initial application and then update it to include your continuous presence since you submitted your initial DACA application. If you have not graduated from high school or obtained your GED, you will also have to enroll in an ESL or GED program in order to qualify.
Who CANNOT submit a DACA application?
- If you were never granted DACA in the past, you may not submit an application now.
- Furthermore, you may not apply for Advance Parole based on your DACA to travel.
If you qualify to submit an application, please do so as quickly as possible. The USCIS is accepting applications because it has been ordered to do so by a Judge, and this ruling may eventually be appealed and overturned. If you have any questions about whether you qualify or if you need assistance in applying, do not hesitate to contact a qualified attorney or representative as soon as possible. If you would like information, please contact us. We are here to help. Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news.
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