Deferred Action on Childhood Arrivals (DACA)

Graduation

Effective September 5, 2017, USCIS will no longer process new DACA applications.  However, it will process renewal applications for those whose DACA status will expire before March 5, 2018 provided that the renewal applications are received by October 5, 2017.  Below in red is a summary of the current status of DACA applications.  Please check back for updates as they become available:

  • USCIS will adjudicate properly filed initial DACA applications that were accepted by USCIS as of September 5, 2017. USCIS will reject any initial DACA requests received after September 5, 2017 (i.e., applications received on or after September 6, 2017)
  • USCIS will adjudicate DACA renewal applications that have been accepted by USCIS as of September 5, 2017. Until October 5, 2017, USCIS will also continue to accept renewal applications filed by DACA recipients whose statuses expire on or before March 5, 2018. USCIS will reject all DACA renewal requests that do not fit these criteria, including all applications received after October 5, 2017.
  • Effective September 5, 2017, USCIS will not approve any DACA-based applications for Advance Parole (Forms I-131).  Any pending applications for advance parole will be administratively closed, and USCIS will refund the filing fees.  Although DHS also stated that it will generally honor the validity period for previously approved applications for advance parole, the FAQs note that CBP retains the right to refuse admission to a person who presents themselves at a port of entry as a matter of discretion.
  • Individuals can still apply to replace a valid EAD that has been lost, stolen, or destroyed.
  • Any individual with a currently valid EAD can continue to work lawfully.  DHS stated that it would not terminate or revoke previous grants of DACA or work authorization solely based on its decision to rescind the DACA program.
  • DHS generally will honor the validity period for previously approved applications for advance parole. That means that DACA recipients who are currently outside the U.S. with a valid advance parole document should be able to re-enter the country as long as they seek to re-enter before the expiration of the advance parole. However, CBP maintains the position that advance parole does not guarantee admission to the United States. In addition, DHS may revoke or terminate a grant of advance parole at any time, including while someone is outside the U.S., which would prevent them from returning to the U.S. Therefore, DACA recipients who have a valid advance parole document but have not yet left the country should carefully consider whether travel would be advisable given the risks.

DACA will allow you to obtain work authorization for three (3) years. You may request consideration of deferred action for childhood arrivals if you:

  • Entered the United States before your 16th birthday
  • Have continuously resided in the United States since June 1, 2010
  • Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS
  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States and
  • Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety

Renewals

DACA renewals can be submitted within four (4) months before your current employment authorization expires, provided that you: 1) did not depart the United States on or after Aug. 15, 2012 without having first obtained Advance Parole; 2) have continued to reside in the U.S. since submitting your most recent approved DACA application; and; 3) have not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and do not pose a threat to national security or public safety.

Timeframe for Meeting the Guidelines

YOU MUST PROVE that As of the date you file your request you
  • You had come to the United States before your 16th birthday
  • You are physically present in the United States
  • Entered without inspection or your lawful immigration status expired

  • Have resided continuously in the U.S. since January 1, 2010;
  • Were physically present in the United States; and
  • Are in school, have graduated from high school in the United States, or have a GED; or
  • Are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States

Our DACA Legal Services

We assist clients with determining their eligibility for DACA, preparing the application and supporting evidence; requesting advance parole, and preparation for any DACA extension applications.