May 29, 2018

Court Rulings Restore DACA Program Renewals

Federal court rulings recently halted the Trump administration’s termination of the Deferred Action for Childhood Arrivals (DACA) program.  The court orders require U.S. Citizenship and Immigration Services (USCIS) to resume accepting DACA renewal applications.  These orders apply nationwide to any individual previously awarded DACA. Individuals never awarded DACA are not eligible to apply.

Here is basic information about the DACA renewal application process:

Who is eligible to apply for DACA renewal?

Any individual who was previously granted DACA may apply, including individuals whose DACA has expired; current DACA recipients whose DACA is about to expire; and individuals whose DACA was terminated.

Renewal process for DACA recipients whose DACA expired on or after September 5, 2016 or will expire:

A previous recipient whose DACA status expired on or after September 5, 2016, or whose status is expected to expire, may file a renewal request.

The renewal should be filed with USCIS on Form I-821D, Form I-765 (work authorization application), and Form I-765WS (worksheet).

Renewal process for DACA recipients whose DACA expired before September 5, 2016:

An individual previously granted DACA whose eligibility expired before September 5, 2016, must file a new initial DACA request.

The request should be filed with USCIS on Form I-821D, Form I-765 (work authorization application), and Form I-765WS (worksheet).

Renewal process for DACA recipients whose eligibility was terminated:

An individual whose most recent DACA grant was terminated may file a new initial application with USCIS on Form I-821D, Form I-765 (work authorization application), and Form I-765WS (worksheet).

Information applicable to all filers:

A filing fee will be charged or the filer may apply to waive the fee.

All applications should list the date DACA expired or was terminated.

There will be no advance parole granted during this period.

The same program requirements in effect prior to the program’s termination will apply to renewals.

DACA recipients must have resided continuously in the U.S. from the time of their initial DACA request to the present.

DACA recipients must not have departed the U.S. on or after August 15, 2012, except on advance parole.

If a recipient has had any interaction with law enforcement since the last DACA approval, it is advisable to consult with an attorney.

DACA recipients may contact UFCW Legal Department at (202) 223-3111 with questions.

 

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