Consideration of Deferred Action for Childhood Arrivals
As a result of federal court orders on Jan. 9, 2018 and Feb. 13, 2018, USCIS has resumed accepting requests for DACA renewals. According to USCIS, the DACA policy will continue to operate on the terms prior to the Sept. 5, 2017 rescission, until further notice. For more detailed information, visit the USCIS page on the latest preliminary injunction.
You may request renewal of DACA if you met the initial 2012 DACA guidelines and you:
- Did not depart the United States on or after Aug. 15, 2012, without advance parole;
- Have continuously resided in the United States since you submitted your most recent DACA request that was approved;
- Have not been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors; and
- Do not otherwise pose a threat to national security or public safety.
As noted above, you may only request renewal of DACA if you previously received DACA and your DACA expired (or will expire) on or after Sept. 5, 2016.
Initial DACA Requests
If you have never been granted deferred action under DACA, USCIS will not accept your initial DACA request.
USCIS is only accepting initial DACA requests from individuals who previously received DACA and whose DACA expired before Sept. 5, 2016, or whose most recent DACA grant was previously terminated. Such individuals cannot file a renewal request, but can file a new initial DACA request. If you are filing a new initial DACA request because your DACA expired before Sept. 5, 2016, or because your most recent DACA grant was previously terminated, please list the date your prior DACA expired or was terminated on Part 1 of the Form I-821D, if available.
USCIS no longer approves applications for an advance parole document relating to DACA. If you want to travel outside the United States, you must have previously received advance parole and have a valid advance parole document.
While USCIS will not approve any new applications for an advance parole document relating to DACA, it will generally honor the stated validity period on your previously approved advance parole document. However, CBP will retain the authority it has always exercised in determining the admissibility of any person presenting at the border. Further, USCIS retains the authority to revoke or terminate an advance parole document at any time.
• For current DACA recipients, technically nothing. DREAMers with active DACA permits can continue to live their lives just as they did any other day. However, without legislative solutions, there is no guarantee what tomorrow brings.
• For individuals who did not previously have a DACA permit, no new applications will be processed.
What can I do?
• If you are eligible to apply for renewal, do so immediately. Due to two federal court injunctions, USCIS is still accepting renewal applications. USCIS recommends 90 to 120 days to process renewal applications, but renewal time could take longer.
What does the future hold?
• The future of DREAMers rests in the hands of the courts. Currently, federal courts have prevented an end to DACA, however this could end at any time.
• The Trump Administration has announced ICE will not actively target DACA recipients who permits have expired, however ICE has also announced it will enforce current U.S. law when officer’s encounter undocumented individuals. DACA recipients have been deported. DACA recipients without valid permits are just as vulnerable to arrest or deportation as anyone else. “