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USCIS STARTED ACCEPTING INITIAL DACA APPLICATIONS

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.

  • 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.

To qualify for DACA these are the basic requirement:

  1. Under the age of 31 as of June 15, 2012 (born June 16, 1981 or after).

  2. Came to the United States before reaching 16th birthday.

  3. Has continuously resided in the United States since June 15, 2007, up to the present time.

  4. Physically present in the United States on June 15, 2012, and at the time of making the request with USCIS.

  5. Had no lawful status on June 15, 2012,

  6. No lawful immigration status on or before June 15, 2012; or

  7. Lawful status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012.

  8. Currently in school, graduated or obtained a certificate of completion from high school, obtained a General Education Development (GED) certificate, or honorably discharged veteran of the Coast Guard or U.S. Armed Forces; and

  9. 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 of DACA applications can be submitted to the USCIS office as well.



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