Date : December 13 2020

Date : December 13 2020

Date : December 13 2020

DACA is back!

USCIS has updated its website to comply with the Court’s order restoring DACA to its original form (before the Trump Administration’s 2017 memo).

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.

 

 

 

 

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