DACA Applications

New DACA applications being accepted after District Court decision

On December 4, 2020, the U.S. District Court for the Eastern District of New York ordered DHS to post a public notice within three calendar days of December 4, 2020, that it is accepting first-time requests for DACA, renewal requests, and advance parole requests, based on the terms of the DACA program prior to September 2, 2017. Additionally, the court also ordered the Department of Homeland Security to ensure that one-year deferred action grants and EADs be extended two years.

Here are some answers to the most common questions asked about the DACA Program:

What is DACA?

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration for deferred action for a period of two years and would then be eligible for work authorization.

What requirements do I have to meet to be eligible for to submit a new DACA application?

· Must have been under the age of 31 as of June 15, 2012;

· Arrived in the United States before reaching your 16th birthday;

· Continuously resided in the United States since June 15, 2007, up to present time;

· Were physically present in the United states on June 15, 2012 and at the time of submitting your request for consideration of deferred action with USCIS;

· Had no lawful status on June 15, 2012:

o You never had a lawful immigration status on or before June 15, 2012 or

o Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012.

· Currently enrolled in school graduated from high school, obtained a GED or honorably discharged from the U.S. armed forces or Coast Guard;

· No conviction of a felony, a significant misdemeanor, or 3 or more misdemeanors and not a threat to national security or public security;

· Must be at least 15 years old to apply (unless in removal proceedings or subject to final order or voluntary departure).

I renewed my DACA but was only granted a 1-year deferred action and EAD card, does this decision change that?

Yes. Individuals who were wrongfully granted 1-year deferred action and EADs will receive a formal notice from USCIS that states that the time period for both has been extended for 2 years. It will also state that the notice and the 1-year EAD are proof of the extension.

I submitted an initial application after the June 18th Wolf memo and it was rejected, with this new court decision, what happens now?

Individuals whose initial applications were wrongfully rejected under the Wolf memo will receive a notice from USCIS that informs them that their applications are now being accepted.

My application was wrongfully rejected and because of this I began to accrue unlawful presence, will this district court decision help with that?

Possibly. As of now there has not been a ruling regarding people who began accruing unlawful presence as a result of a rejected application following the Wolf memo. However, the judge has left the possibility of ruling on this matter open if it can be shown that significant harm was felt by individuals as a result of the rejections and accrual of unlawful presence.

I submitted an application for advance parole that was rejected because of the Wolf memo, can I reapply now?

Yes. Applicants who applied for advance parole and were wrongfully rejected should re-submit their advance parole applications now for review.

If you believe that you may be eligible for DACA, you should speak with an experienced Immigration Attorney to determine how best to submit your application and to explore any other options you may have. Contact our office at 346-340-8760 to schedule a consultation.