After being ordered to resume accepting DACA renewal applications by a federal court, United States Citizenship and Immigration Services (USCIS) announced that it would begin accepting renewal applications immediately. The federal court order forcing this action is subject to appeal and it is unclear for how long USCIS will continue to accept applications. Individuals should consult with their lawyers to decide the best course of action for their particular case, but general guidance for three groups of DACA grantees is as follows:
(1) People whose DACA grant expired within the last year: Apply for renewal IMMEDIATELY.
(2) People whose DACA grant expires between now and June 2018: Apply for renewal IMMEDIATELY.
(3) People whose DACA grant expires more than 150 days from now:
Consider filing immediately. Previous USCIS guidance advised DACA renewal applicants to apply 120-150 days prior to expiration. However, previously published FAQs indicated that renewal requests received earlier than 150 days prior to expiration would be accepted. Because the court ordered USCIS to operate its DACA program according to the terms in place prior to the cancellation of the program, USCIS should accept early-filed applications per the FAQs.
Those who have never had DACA cannot apply now as USCIS is not accepting new applications. In addition, USCIS announced that it will not consider applications for advance parole (travel permission) for any DACA grantee.
As always, Joseph & Hall P.C. will be following this and be ready with up to the minute information. Contact our office if you would like to schedule a time to discuss your case.
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