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The State of DACA in January 2018

There are currently new procedures in effect for Deferred Action for Childhood Removal (DACA) cases.  The DACA program was rescinded on September 5, 2017,  and USCIS stopped accepting new applications for DACA.  At that time, those persons who had DACA work authorization that expired before March 5, 2018 were given until October 5, 2017, to submit a renewal application.  Any DACA work authorizations expiring after March 5, 2018, were do to expire on their end dates.

This week, pursuant to a federal court order, USCIS has resumed accepting applications for DACA renewal applications for any work authorizations that expired after September 5, 2016.  The following instructions are important to note:

  • USCIS will not accept applications from applicants who have never had DACA approval in the past.
  • DACA renewals should be filed 150 to 120 days in advance of expiration of the current DACA and work authorization grant.
  • No applications for Advance Parole for DACA recipients will be accepted.
  • Renewal applications must be properly filed with form I-821D, form I-765 and I-765 worksheet with the appropriate fee or fee exemption request.
  • For those whose DACA expired before September 5, 2016, a renewal application will not be accepted, however, you may file a new DACA request in accordance with the DACA instructions on form I-821D and I-765.
  • The USCIS policy states “Deferred action under DACA does not confer legal status upon an individual and may be terminated at any time, with or without a Notice of Intent to Terminate, at DHS’s discretion.”
  • The rules for who is eligible for renewal are complicated so contact an immigration lawyer experienced in DACA applications and policy.