Individuals must meet all of criteria laid out below, in order to qualify:
As you can see, there are a myriad of requirements for DACA but the gist of it is that the applicant must have come to the United States before the age of 16, be at least 15 years old at the time of initial application, must have resided in the U.S. continuously since June 15, 2007, have been under the age of 31 on June 15, 2012 and out of status at that time, and must be currently in school or have graduated with a high school diploma or GED or honorably discharged from the military.
The Trump Administration, pressured by 9 attorney generals from various states, decided to phase out the Deferred Action for Childhood Arrivals program, which gave temporary work permits and protection from deportation to almost 800,000 people. An official DHS memorandum rescinding DACA is here and an FAQ developed by USCIS is here. After much litigation, the United States Supreme Court ruled that the Trump Administration had not followed proper rule-making procedures in seeking the end of DACA. Thereafter, acting Secretary of Homeland Security, Chad Wolf, issued a new memorandum seeking to limit the DACA program, reducing the renewals to two years, limited advance parole, and stating that the administration would not accept any new applications. This new memo was also struck down by the courts as Wolf had not been lawfully appointed to his position and he was not authorized to issue this memo. On December 4, 2020, a federal judge ordered the Trump administration to begin accepting new applications for the Deferred Action for Childhood Arrivals program and otherwise restore the program to the form it took prior to Sept. 5, 2017. The USCIS complied and the program has been fully restored as of December 7, 2020. However, this may not be the last time we hear about this matter so it is important for potential applicants to apply now while the program has been restored.
Here’s an updated checklist containing the requirements and the supporting evidence that you need to gather.
Yes. If your DACA is expiring this year or even next year, you can file for a renewal now.
Effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:
The court order told USCIS to restore DACA to two years. To comply with the order, USCIS has stated it would change the one-year approvals to two year approvals and reissue the approval notices and EADs. We do not have a timeline on when this will happen as of now.
Perhaps. Renewal requests typically must be submitted within one year of the expiration date of your last period of deferred action approved under DACA. If it has been more than one year since your DACA was terminated or expired, you can nonetheless file a new initial DACA request in accordance with the Form I-821D and Form I-765 instructions.
Yes, you are eligible to apply, and you should speak to an attorney or BIA accredited representative if you need more information or help in applying.
Yes, individuals with DACA can apply for advance parole for educational, humanitarian and employment-based reasons by filling out Form I-131, paying the current fees for advance parole ($575), and providing USCIS with the requisite supporting evidence. Additional guidance for DACA advance parole is available here.
Nowadays, if the applicant requests that USCIS share their information with the Social Security Administration, social security cards are automatically issued by the Social Security administration upon the approval of a work permit.
Yes. While USCIS recommends filing for renewal between 150 and 120 days from when your DACA expires, requests received earlier than 150 days should be accepted as they were prior to September 2017. However, this could result in an overlap between your current DACA and your renewal. This means your renewal period may extend for less than a full two years from the date that your current DACA period expires.
Please speak to an attorney or accredited BIA representative as to whether your criminal records makes you ineligible for DACA. Your attorney should be able to advise you on the immigration consequences of criminal convictions, and recommend post-conviction relief, that may make you eligible for DACA again.
Current work permits will remain valid until their expiration date. The work permits are not being canceled or rescinded. For example, if your work permit expires December 10, 2020, it will remain valid until December 10, 2020.
We are working with community partners and private individuals to raise additional emergency funds to be able to provide the $495 fee for members in our community. Various non-profits have also stepped up efforts to provide full financial scholarships for DACA applications fees ensure that those who can renew their DACAs can do so.
When your current DACA work permit expires, you will be out of status, and start accruing unlawful presence. It is critical that you speak with your immigration attorney about other legal options that may exist for you to continue working and legally residing in the United States.
See more guidance with regards to DACA and your rights in the workplace here.
Generally, USCIS has stated that information provided in DACA requests will not be proactively provided to other law enforcement entities (including ICE and CBP) for the purpose of immigration enforcement proceedings unless the requestor poses a risk to national security or public safety, or meets the criteria for the issuance of a Notice To Appear or a referral to ICE under the criteria.
The vast majority of DACA recipients, unless they have a final order of removal, cannot be simply picked up by CBP, ICE and deported. They are entitled to proper notice and court proceedings conducted before an immigration judge, and these proceedings can take many years to adjudicate.
If an individual’s still-valid work permit is lost, stolen, or destroyed, they may request a replacement work permit. The replacement work permit will have the same validity period as the lost/destroyed/stolen work permit so sometimes an attorney may advice you to file a renewal application.
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