Following the order of the New York Federal Judge, Nicholas G. Garaufis, U.S. Citizenship and Immigration Services (USCIS) has updated its website to indicate that, effective December 7, 2020, it will start administering the DACA program under the terms established by the Obama administration in 2012. This means that USCIS is now accepting:
- First-time applications for DACA filed by individuals who:
- were under the age of 31 as of June 15, 2012;
- came to the United States before reaching 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;
- 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.
- Renewal applications for DACA filed by DACA grantees who:
- 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 request for DACA that was approved up to the present time; and
- 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.
- Applications for advance parole filed by DACA recipients if their travel abroad will be in furtherance of:
- humanitarian purposes, including travel to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative;
- educational purposes, such as semester-abroad programs and academic research, or;
- employment purposes such as overseas assignments, interviews, conferences or, training, or meetings with clients overseas.
Moreover, USICS is extending grants of deferred action and validity of employment authorization documents (EAD) under DACA to two years. Those who were granted deferred action and issued EADs on or after July 28, 2020, with a one-year validity period under the Wolf Memorandum, will be provided with additional evidence of one-year extensions of both their period of deferred action and work authorization documents, for a total period of two years.
This article is for informational purposes only. It is not meant to and cannot substitute the advice of and representation from a competent immigration attorney.