Deferred Action for Childhood Arrivals (DACA)

USCIS announces that DACA has returned to the original rules from 2012. Effective immediately USCIS will:

– Accept first time applications;
– Issue work authorizations for 2 years for all DACA renewals;
and 
– Follow Flexible procedures to request Advance Parole

December 7, 2021 – UPDATE: USCIS RESUMES PROCESSING OF INITIAL DACA APPLICATIONS. More than 3 years after President Trump attempted to cancel DACA, and with litigation going all the way to the Supreme Court, USCIS has now announced that it will RETURN DACA TO THE ORIGINAL RULES from 2012. 

This includes:

– Accepting applications for first time applicants;

– Issuing work authorizations for 2 year; and

– Using flexible procedures for requesting Advance Parole

USCIS DACA Memo December 7, 2020

December 4, 2021 – UPDATE: Judge Nicholas Garaufis of the U.S. District Court in Brooklyn instructed the U.S. Department of Homeland Security to post a public notice by Monday that states the department will accept and adjudicate Deferred Action for Childhood Arrivals (DACA) petitions from immigrants who qualify for the program but are not currently enrolled in it. Garaufis also instructed officials to grant approved applicants work permits that last for two years, instead of the one-year period proposed by the Trump administration over the summer. Click below to read the court decision.

DACA Restoration Order 1-16-cv-04756 (12.4.2020)

On June 18, 2020 the United States Supreme Court ruled that the Trump Administration failed to follow the Administrative Procedures Act and therefore unconstitutionally cancelled Deferred Action for Childhood Arrivals. Pending further action by the Department of Homeland Security this important protection remains in effect for over a million DREAMERS. 

On June 15, 2012 President Obama announced a new program to benefit immigrants brought to the United States as children. This program offers a status known as deferred action to those who qualify. Deferred action allows a person to obtain a work permit valid for two years. Additionally, once a person is approved for deferred action, they may continue to renew the status every two years provided they continue to meet the requirements.

MyRights Immigration Law Firm has helped thousands of applicants apply and be approved for deferred action for childhood arrivals. Please schedule an appointment to discuss your individual case with one of our immigration attorneys.

Deferred action for childhood arrivals is not passage of the DREAM Act and the status will not convert to permanent residence unless a new immigration law is passed. However, obtaining the currently available benefit may put a person in a better position for future immigration reform and opens opportunities to obtain lawful permanent residence through strategies such as advanced parole to obtain lawful entrance and then adjustment of status.

On September 5, 2017 President Trump announced that the DACA program would be cancelled and called on Congress to provide a more permanent solution through legislation. That order was challenged in Federal Court and is currently pending a United States Supreme Court decision. 

Currently USCIS accepts applications for renewal of DACA status. A person who previously help DACA may file for renewal, regardless of when that status expired. However USCIS will not accept applications for an initial grant of DACA status. 

Policy to Know

  1. Have entered the United States prior to turning 16 years old;
  2. Have been under 31 years old on the day the program was announced;
  3. Have graduated high school, obtained a GED, or be currently in school;
  4. Have five years of continuous presence immediately prior to the announcement (June 15, 2007 to June 15, 2012); and
  5. Not be convicted of certain criminal offenses.

 

If a person is eligible they must submit form I-821D with all supporting evidence. Evidence should include documents demonstrating that the applicant meets the above requirements and that the applicant deserves the benefit.

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Please schedule an appointment to discuss your individual case with one of our immigration attorneys.