Deferred Action Status for Childhood Arrivals (DACA)

Immigration is again considering initial and renewal applications for DACA. 

On November 14, 2020 Judge Nicholas George Garaufis of the U.S. District Court for the Eastern District of New York ordered the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) to reimplement benefits under the program known as Deferred Action for Childhood Arrivals (DACA).

Individuals who have not previously submitted an application for an initial request under DACA may apply.  Individuals seeking a renewal of their DACA status may also apply.  DACA-based benefits are again provided on a two-year basis.

Effective December 7, 2020 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.

USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period.

DHS will comply with Judge Garaufis’ order while it remains in effect, but DHS may seek relief from the order.

Please stay tuned as these are developing matters.

Frequently Asked Questions on DACA

Q: I never applied for Deferred Action status, but I would like to now. Can I?

A: Effective December 7, 2020: if you have never before applied for benefits under Deferred Action status and and currently meet the requirements of the DACA program as it existed prior to September 5, 2017 you may apply as an initial applicant.

Q: I would like to renew my existing work permit under Deferred Action status. Can I?

A: If you continue to meet the eligibility requirements of the DACA program, you may  be eligible to submit a renewal application to USCIS which will be reviewed on an individual, case-by-case basis.

Q: I would like to apply for a travel document through DACA.  Am I eligible?

A: Effective December 7, 2020: USCIS is again accepting applications for travel permits for eligible DACA recipients.  Speak to an immigration attorney before to traveling internationally.

Q: If my work permit lapses and I cannot renew it, what else can I do?

A: To see if the law provides other immigration benefits for which you may be eligible, speak to an immigration attorney.

Q: What resources will keep me up-to-date on the latest in DACA news?

A: USCIS.gov is a great resource for those looking for recent updates on Deferred Action and other immigration programs currently in effect. You can also find other resources right here.

If you believe that you or your loved one may qualify for immigration benefits as a result of the current changes to President Barack Obama’s executive actions on Deferred Action Status for Childhood Arrivals, call us today for a free consultation.

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(512) 900-9999

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(210) 202-4000