Here’s what it means:
- If you are eligible for DACA, you can now file an initial application (first-time application)
- DACA renewals remain open
- Advance Parole (travel document) is back
- All 1 year DACA grants and work permit extensions issued in 2020 must be extended to two years
People who meet the following criteria may apply for first-time DACA:
- Born on or after June 16, 1981
- Came to the U.S. while under the age of 16
- Have continuously resided in the U.S. from June 15, 2007 to the present
- Entered the U.S. without inspection, or lawful immigration status expired before June 15, 2012
- Were physically present in the United States on June 15, 2012, and at the time of filing for DACA
- Are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces
- Have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors and do not pose a threat to national security or public safety
But DACA is still under threat:
- USCIS has updated its website to reflect that it will comply with the Court’s order but the Trump administration may still challenge the Court decision
- On December 22, 2020, a Texas court will hear another DACA case and could issue a negative ruling
- Consider applying for first-time DACA or for Advance Parole as soon as possible
Every case is different, so speak to an immigration attorney about the specifics of your situation, especially if you are in removal proceedings, have had any type of contact with law enforcement, or are considering applying for Advance Parole. This blog does not provide legal advice and does not create an attorney-client relationship. If you need legal advice, please contact an attorney directly.
More Popular Posts
Quiet Implementation of the Travel Ban: A Story in Djibouti
As legal challenges to the travel ban continue in lower courts, the U.S. Supreme Court decided–on December 4, 2017–to allow the most recent (third) travel ban to be fully implemented until litigation is completed. The restrictions previously put in place by federal judges in Hawaii and Maryland, i.e., that the...
December 28 2017
Celebrating My Five Year Anniversary
This month, I am celebrating the five year anniversary of my immigration law firm, as well as my third consecutive year of being selected to the Super Lawyers’ California Rising Stars lists, which includes no more than 2.5 percent of the attorneys in the state. More than fifteen years ago...
July 07 2017
Choose your immigration attorney wisely
As an immigration attorney, I spend a lot of time with people who have experienced significant hardships in their lives - anything from heartbreak to abuse to torture. But I want to draw attention to the misfortune of those immigrants who select an unscrupulous attorney. I’m not talking about attorneys...
May 18 2017
UPDATED: The Executive Order in Plain English
The Executive Order relating to refugees and individuals from Muslim-majority countries was signed on Friday afternoon. While there are still many unanswered questions (and more raised every hour), some of the major points are as follows: Effective upon the signing of the Order, entry to the U.S. by most immigrants and nonimmigrants from...
February 01 2017
The Executive Order in Plain English
Please refer to the updated version of this blog post! The Executive Order relating to refugees and individuals from Muslim-majority countries was signed yesterday afternoon. While there are still many unanswered questions, some of the major points are as follows: Effective immediately, entry to the U.S. by most immigrants and...
January 28 2017
Today’s Executive Order: The Basics
This morning, the new Executive Order relating to refugees and individuals from Muslim-majority countries was signed. Here are the basics of that Order: 1. The Order is effective at 12:01 A.M., Eastern Standard Time, on March 16, 2017 and the previous order will be rescinded on that date. 2. Individuals...
March 06 2017