Deferred Action for Childhood Arrivals (DACA) Update
October 8, 2020
On December 4, 2020, a U.S. District Court judge in the Eastern District of New York ordered that the July 2020 memorandum issued by Chad Wolf be vacated. As of December 7th, 2020 U.S. Citizenship and Immigration Services (USCIS) will begin to:
- Accept first-time requests for consideration
- Accept applications for advance parole documents based on the terms of the DACA policy prior to Sept. 5, 2017
- Automatically extend current one-year permits to two years; and
- Extend one-year employment authorization documents under DACA to two years.
What does this mean for current or former DACA recipients?
Individuals can continue to apply for DACA renewal USCIS will automatically extend DACA permits that were issued a 1-year work permit to 2-years
Can individuals apply for DACA for the first time?
Yes. USCIS is now accepting initial DACA requests from individuals that meet the qualifications.
What are the qualifications for first-time applicants?
- You must have been under the age of 31 as of June 15, 2012;
- Must have arrived to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Had no lawful status on June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- 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.
Where can I receive help to renew my DACA or to apply for the first time?
Talk to a lawyer or an accredited representative to get individualized advice about your case.
SJSU students, staff, faculty, and their immediate family members can schedule a FREE appointment with an immigration attorney from Immigrant Legal Defence (ILD) to receive free legal help with their DACA application.Visit our Legal Support page to sign up for an appointment. You can access more information about community organizations accross California that also provide free or low cost services to the general public. Click here for more info.
About Advanced Parole
Under the current guidelines, DACA recipients are allowed to travel abroad if they are approved for Advance Parole. Advance Parole applications are currently limited to DACA recipients who need to travel for “exceptional circumstances” such as:
- Humanitarian - Example: Travel to obtain life-sustaining medical treatment that is not otherwise available in the U.S., attend funeral services for a family member, or visit a sick or elderly relative.
- Educational - Example: semester abroad programs or academic research
- Employment - Example- overseas assignments, interviews, conferences, training, or meetings for work.
USCIS determines whether or not to grant advance parole to an individual on a case-by-case basis. Additionally, advanced parole does not guarantee re-entry to the united states. Make sure to meet with an immigration attorney to learn more about your situation and to create a plan before making any travel arrangements.
CAUTION: DACA applicants SHOULD NOT travel outside the U.S. until after their DACA request has been approved. DACA recipients that travel outside the U.S on or after Aug. 15, 2012, without advance parole, will have their deferred action terminated.
- Consideration of Deferred Action for Childhood Arrivals (USCIS Home Page)
- DACA Initial Document Checklist ENGLISH, (SPANISH) (Immigrant Legal Defense)
- Preliminary DACA Screening Tool (UC Immigrant Legal Services Center)
- Advance Parole for DACA Recipients (Immigrant Legal Resource Center)
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