WHAT IS DACA?
Deferred Action for Childhood Arrivals (DACA) is a type of immigration relief under President Obama that was made available to young people who came to the United States as children and who met certain requirements. USCIS began accepting DACA applications on August 15, 2012. DACA was available to those who are in removal proceedings or have received final removal orders, as well as those who have never been in removal proceedings.
On January 20, 2021, President Biden issued a memorandum directing the Secretary of Homeland Security, in consultation with the Attorney General, to take appropriate action to preserve and fortify DACA, consistent with applicable law.
In compliance with an order of a United States District Court, and effective Dec. 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 Sept. 5, 2017, and in accordance with the Court’s Dec. 4, 2020, order
WHO CAN APPLY FOR DACA?
You may request DACA if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- 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;
- Had no lawful status on June 15, 2012, meaning that:
- You were in illegal immigration status on or before June 15, 2012, or
- Any lawful immigration or parole status you obtained prior to June 15, 2012, and expired on June 15, 2012, or still in effect;
- 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, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
As of June 28, 2019, U.S. Citizenship and Immigration Services (USCIS) is still accepting DACA renewal applications from anyone who has previously had DACA.
WHO CAN RENEW?
You may request a renewal if you met the initial 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 was approved;
Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
WHEN TO RENEW?
You should submit your renewal request about 120 days or 4 months before your current period of deferred action expires. If you submit your request more than 150 days or 5 months before the expiration date, USCIS may reject your renewal application, with instructions to resubmit it closer to the expiration date.
If your DACA expired within one year, you could still be eligible for renewal. It is important to speak with an immigration attorney as soon as possible.
We are here to help you win your case.
Let’s schedule your Legal Strategy and Planning Session today.