DACA is back in full force. Initial DACA application, renewal for 2 years, Parole (travel) all back for now
On December 4, 2020, Judge Garaufis required the Department of Homeland Security (DHS) to take certain actions to implement his November 14 opinion. As a result, 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, and in accordance with the Court’s December 4, 2020, order, which means the following eligibility
- You were under 31 as of 06-15-2012.
- You came to the U.S. before your 16th birthday.
- You have been continuously residing in the U.S. since 06-15-2007 up to the time of requesting deferred action.
- You were physically present in the U.S. on 06-15-2012, and at the time of requesting deferred action.
- You entered the U.S. without inspection before 06-15-2012, or your legal status expired as of 06-15-2012.
- At the time of requesting deferred action, you are in school, or graduated from high school, or have a GED, or have been honorably discharged from the U.S. military or Coast Guard.
- You have not been convicted of a felony, or a significant misdemeanor, or 3 or more non-significant misdemeanors.
- Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
- Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
- Extending one-year grants of deferred action under DACA to two years; and
- Extending one-year employment authorization documents under DACA to two years.