Great News! On December 4, 2020, a federal judge ordered the Department of Homeland Security to fully restore the original DACA (Deferred Action for Childhood Arrivals) program. This means that effective December 4, 2020, the USCIS must begin to process DACA first-time requests and all applications who are seeking to renew their DACA status. This includes all people who were eligible for the program but were not able to apply before the September 2017 termination, and those who applied after the June 2020 Supreme Court decision but had their request rejected.
Individuals who meet the following criteria may apply for initial consideration of deferred action for childhood arrivals (DACA):
- Are under 31 years of age as of June 15, 2012;
- 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 before June 15, 2012, or individuals whose lawful immigration status expired as of June 15, 2012;
- Were physically present in the United States on June 15, 2012, and at the time of requesting consideration of deferred action with USCIS;
- 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.
An individual may be considered for renewal of DACA if he or she met the guidelines for consideration of initial DACA (see above) and meets all the following guidelines:
- Did not depart the United States on or after August 15, 2012, without advance parole;
- Has continuously resided in the United States since he or she submitted his or her most recent request for DACA that was approved up to the present time; and
- Has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety.
If you believe that you meet the qualifications for DACA or you would like to determine if you are eligible, please contact us at FIDE law and we can assist you in making that determinator or helping you begin the process.