USCIS Will Accept New DACA Applications
Judge Orders USCIS to Accept New DACA Applications
Following a recent federal court order, USCIS will begin accepting new DACA applications and return to its earlier practice of granting and extending DACA status for two years at a time.
The Supreme Court ruled in June 2020 that the Trump Administration improperly decided to end DACA in 2017. Rather than reinstating the program, the Department of Homeland Security responded to the Supreme Court decision by reducing the time for DACA renewals from two years to one and refusing to allow new applications (Wolf Memorandum).
A federal judge found that the DHS lacked authority for this policy response. On December 4, 2020, the judge ordered U.S. Citizenship and Immigration Services (USCIS) to return to its prior practice of granting and extending DACA status for two years at a time and resume approving new applications.
Effective December 7, 2020, USCIS is now:
- Accepting first-time DACA requests;
- Accepting DACA renewal requests;
- Accepting applications for advance parole, which to allow DACA recipients to leave the country without jeopardizing their status;
- Extending one-year grants of deferred action under DACA to two years; and
- Extending one-year employment authorization documents under DACA to two years.
USCIS agreed to take appropriate steps to confirm that deferred action and employment authorization documents granted for only one year are extended to two years, in line with its pre-Wolf Memorandum policy.
Please contact us if you would like to schedule a consultation about DACA or advance parole.