DACA Updates
On December 4, 2020, a U.S. district court in the Eastern District of New York ordered that the July 2020 memorandum issued by Chad Wolf, the provisions of which severely curtailed DACA and barred initial applications for DACA, is vacated.
What does this mean?
On December 7, 2020, the government published a notice on its website that, effective immediately, the government is:
- Accepting initial DACA applications
- Advance Parole is back in its original form
- Any DACA and employment authorization documents (EADs) issued for one year instead of two years because of the Wolf memo are extended to two years and the government will take steps to provide evidence of this extension.
You may request consideration of DACA if you:
- Were under the age of 31 as of June 15, 2012;
- Came 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, meaning that:
- You never had a lawful immigration status on or before June 15, 2012, or
- Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational 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, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Information obtained from the National Immigration Center. Eligibility criteria obtained from USCIS.