On Tuesday, September 5, 2017, a memorandum was issued by the Department of Homeland Security rescinding Deferred Action for Childhood Arrivals “DACA.” Effective immediately USCIS will no longer accept initial DACA applications. Renewal applications will be accepted until October 5, 2017.
Those who have never previously held DACA status, can no longer apply under this program. Those who have previously held DACA status can apply to renew your status if the current Employment Authorization Document (EAD) will expire between the dates of September 5, 2017 and March 5, 2018.
For those applicants whose DACA status has already expired or will expire after March 5, 2018 should contact an experienced immigration attorney to discuss alternate pathways to legal residence.
What is the purpose for Form I-821D Start or Renew Deferred Action (DACA)?
Deferred Action for Childhood Arrivals, better known as DACA, is the process to request for U.S. Citizenship and Immigration Services (USCIS) to exercise prosecutorial discretion under the Deferred Action for Childhood Arrivals process.
What are the eligibility requirements to apply for Deferred Action (DACA)?
The eligibility requirements are as follows:
- Arrived in the U.S. prior to your 16th birthday
- Continuous residence from January 1, 2010
- Physically present in the U.S. on June 15, 2012
- Proof you are attending, have attended school in the United States
- Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and don't otherwise pose a threat to national security or public safety.
What are some supporting documents to submit with application for DACA?
The supporting documents are very important and a crucial part of completing the application to Apply or Renew for Deferred Action. Evidence to obtain DACA may include:
- Proof of date of birth
- Arrival to the United States before 16 years of age
- Present in the United States on June 15, 2012
- No lawful status on June 15, 2012