In response to a court order issued on 12/4/2020, USCIS has announced that the DACA program will be fully restored, they will resume the previous DACA policies. Meaning USCIS will once again:
- Accept first-time requests for DACA
- Accept DACA renewal requests
- Accept applications for advance parole, and
- Extend current one-year deferred action and employment authorization to two years
Judge Nicolas George Garaufis of the U.S. District Court of the Eastern District of New York issued an order requiring the Department of Homeland Security to resume adjudicating DACA applications according to the DACA policy terms in place before September 4, 2017. The order required USCIS to comply with the ruling by 12/7/2020.
The eligibility requirements for first-time applicants are the following:
- The applicant arrived in the U.S. before their 16th birthday
- The applicant was under the age of 31 as of June 15, 2012
- The applicant has continuously resided in the U.S. since June 15, 2007
- The applicant has graduated from high school or is currently enrolled or is an honorably discharged veteran
- The applicant is over 15 years old (with some exceptions)
- The applicant has not been convicted of disqualifying crimes and does not pose a threat to national security or public safety
Newly eligible applicants:
- The applicant turned 15 years old after the program was rescinded in 2017 and they had previously met the eligibility requirements.
Advanced Parole allows applicants to travel temporarily outside of the U.S. for humanitarian, employment of educational reasons and re-enter the U.S. lawfully.
If DACA recipients received deferred action and work authorization for only one year (according to the July 2020 DHS memo), their current status has been extended to two years.
For assistance with renewing your DACA deferred action and work authorization or with applying for the first time, please send an email to DACA@cyavisalaw.com for more information.