DACA Fully Reinstated

Posted December 8, 2020

A New York District Court has ordered a full reinstatement of the Obama Administration’s Deferred Action for Childhood Arrivals program, known as DACA.

Effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:

  • Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to September 5, 2017;
  • Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017;
  • Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017;
  • Extending one-year grants of deferred action under DACA to two years; and
  • Extending one-year employment authorization documents under DACA to two years.

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Read the official USCIS notice.  According to USCIS:

“If you previously received DACA and your DACA expired on or after Sept. 5, 2016, you may still file your DACA request as a renewal request. Please list the date your prior DACA ended in the appropriate box on Part 1 of the Form I-821D.”

“If you previously received DACA and your DACA expired before Sept. 5, 2016, or your DACA was previously terminated at any time, you cannot request DACA as a renewal (because renewal requests typically must be submitted within one year of the expiration date of your last period of deferred action approved under DACA), but may nonetheless file a new initial DACA request in accordance with the Form I-821D and Form I-765 instructions.”

 

 

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A federal District Court judge in San Francisco ruled on January 9, 2018 that the Trump Administration’s efforts to terminate DACA were based on a “flawed legal premise” and halted the winding down of the program, casting further confusion on renewal eligibility for thousands of DACA recipients.  If you are a DACA recipient that possessed approved deferred action status on September 5, 2017 – the date of the Trump Administration’s announcement to terminate DACA – you MAY be eligible in the near future to apply for renewal, pending further rulings by higher courts.

WHAT IT MEANS: Practically speaking, DACA recipients CANNOT submit renewal applications until (if) USCIS implements the ruling, which appears unlikely to happen soon.  More likely, the Ninth Circuit Court  of Appeals will take up the appeal and USCIS will delay implementation of renewal applications until a Ninth Circuit ruling.  And any number of judicial or political decisions may be made in the meantime that render the District Court ruling irrelevant.

Stay tuned as Washington, DC finally grapples with the vexing issues of Dreamers and U.S. immigration.

 

 

 

 

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PRESIDENT-ELECT DONALD J. TRUMP

Posted November 11, 2016

Are you concerned about the election of Donald Trump?  Do you lack documents, or are you currently on a visa, maybe expired, hoping to apply for a green card or citizenship, and have concerns about what will happen under a Trump Administration?

Are you a DACA recipient afraid your legal status will disappear?

Will they REALLY build a WALL between the United Sates and Mexico?? 

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