There have been several recent new developments on Deferred Action for Childhood Arrivals (DACA) since September 2017 when the Trump Administration announced the termination of the program. If you or a family member wish to discuss DACA we encourage you to contact our office and schedule a consultation with one of our attorneys as soon possible. Hablamos Español.
In January 2018, USCIS announced that it is accepting certain DACA applications in light of the US District Court of Northern California’s decision on January 9, 2018.
- Individuals who currently have DACA can apply to renew with USCIS by filing I-821D, I-765 and I-765W.
- Individuals who had DACA that expired on or after September 5, 2016 can apply to renew with USCIS by filing I-821D, I-765 and I-765W.
- Individuals who had DACA that expired before September 5, 2016 cannot file for renewal with USCIS. Their status is more than 1 year expired and a new initial application would be necessary, however initial applications are not being accepted currently.
- Individuals who were never previously granted DACA cannot apply for an initial DACA.
- Individuals who wish to apply for permission to travel abroad under the DACA program (Form I-131 “advance parole”) cannot file applications at this time.
On April 24, 2018, the US District Court for the District of Colombia held that the Department of Homeland Security’s decision to rescind DACA was “arbitrary and capricious” and vacated the termination of the program; however we are awaiting further guidance.
- The court held that DHS must accept and proceed new (initial) DACA applications, as well as, renewal applications, but the order was stayed for 90 days to give the government a chance to respond.
- As a result of the decision being on hold, there are no changes to what applications USCIS can accept at this time, but we expect further information by the 90 day deadline of July 24, 2018.
If you never applied for DACA previously, or your DACA expired before September 5, 2016, please contact our office to discuss whether you may be eligible to file an initial DACA application after the 90 day period and further guidance is received.