On December 4, 2020 a federal judge ordered the Department of Homeland Security (DHS) to fully restore the original DACA program.
What does this mean for me?
USCIS must start accepting initial DACA requests from first-time applicants.
Effective December 4, 2020, USCIS must begin to process DACA first-time requests. This includes all people who were eligible for the program but were not able to apply before the September 2017 termination, and those who applied after the June 2020 Supreme Court decision but had their request rejected.
A person can be eligible for DACA if they:
- Were born after June 15, 1981;
- Came to the United States before their 16th birthday;
- Were physically present in the U.S. on June 15, 2012 and when applying for DACA;
- Had no lawful status on June 15, 2012;
- Have continuously resided in the U.S. since June 15, 2007 until the present;
- Meet certain educational requirement or were honorably discharged from the U.S. Armed Forces; and
- Have not been convicted of certain crimes
Individuals who are interested in applying for the program should consult a legal service provider to see how they can prepare and file a request. To find a legal service provider in your area, visit: https://bit.ly/ianimmhelp.
USCIS must process applications according to the 2012 DACA Program requirements.
All applicants who are eligible to renew their DACA can continue to submit their DACA renewal applications. This includes people who currently have DACA, whose DACA has expired, and those whose DACA was terminated, but are still eligible.
USICS will automatically extend all DACA grants issued for one year to two years.
People who applied and had their applications processed after the publication of the July 28, 2020 memo were issued DACA protections valid for one year. Now that the Court invalidated this memo, these DACA protections will be automatically extended to two years. Recipients should receive notice from USCIS indicating this extension of their case.
USCIS will process Advance Parole request for DACA recipients who can demonstrate they need to travel due to education, employment, or humanitarian reasons.
DACA recipients can apply for an international travel permit called “Advance Parole” if they can show they need to travel for “humanitarian, education, or employment” purposes. It is important that people consult a legal service provider before they apply for and travel on advance parole to discuss any risks, including COVID-19 restrictions.