DACA Filings as per USCIS

September 6, 2020 § Leave a comment

On July 28, 2020, Acting Secretary of Homeland Secretary Chad Wolf issued a memorandum regarding the Deferred Action for Childhood Arrivals (DACA) policy. United States Citizenship and Immigration Services (USCIS) has since provided guidance on how it will implement Secretary Wolf’s memorandum. 

Despite the recent ruling in which the Supreme Court of the United States prohibited the Trump administration from dismantling the DACA program, USCIS stated that it will reject all DACA requests from aliens who have never previously received DACA and will return all fees. Should USCIS begin accepting new DACA requests in the future, rejected aliens will be able to reapply to DACA.

Aliens who have successfully received DACA status in the past may continue submitting DACA requests. For approved requests, USCIS will limit grants of deferred action and employment authorization under DACA to no more than one year instead of the previous two year authorization. The agency will not rescind any currently valid two-year grants of DACA or associated Employment Authorization Documents (EADs).

USCIS also recommends that DACA recipients file their renewal requests between 150 and 120 days before their DACA expires. The agency warns applicants not to submit renewal requests earlier than 150 days prior to expiration; requests submitted earlier than the recommended timeline will likely be rejected.

USCIS will continue to grant advance parole for travel outside the United States; however, the agency will only do so for cases of urgent humanitarian reasons or significant public benefit. The determination whether to grant advance parole to an alien is not guaranteed and is entirely dependent upon the discretion of USCIS.

Lastly, USCIS reminds DACA recipients that travelling outside the United States on or after August 15, 2012, without first receiving advance parole, will automatically terminate deferred action under DACA.

Official USCIS Announcement: https://www.uscis.gov/news/alerts/uscis-implements-dhs-guidance-on-daca

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