Deferred Action for Childhood Arrivals (DACA) may be granted by the U.S. Citizenship and Immigration Service (USCIS) for a period of two years (See IMPORTANT NOTE below). DACA renewal can be performed within 180 days of the expiration of your DACA status. Persons granted deferred action may be eligible for employment authorization. The US Department of Homeland Security will grant approval of DACA for previously approved applicants. Let a highly experienced DACA immigration lawyer handle your case. Contact us to set up an in-office or virtual appointment to review your case.
If I have DACA, can I apply for a green card? The short answer is yes if you currently have been approved for DACA and marry a US Citizen (or a legal permanent resident under certain circumstances). If you would like an analysis of your particular circumstances in regards to applying for a green card, please contact us today!
Can I apply for Advanced Parole if I have DACA status? Yes you may apply for advanced parole if you are a DACA recipient and can demonstrate that your need for travel is for “humanitarian, education, or employment” purposes. Advanced parole does carry risks and should be discussed with an experienced immigration lawyer before you leave the USA on your trip.
IMPORTANT NOTE: DACA Decision in State of Texas, et al., v. United States of America, et al., 1:18-CV-00068, (S.D. Texas July 16, 2021) (“Texas II”):
On July 16, 2021, the U.S. District Court for the Southern District of Texas held that the DACA policy “is illegal.” The Court granted summary judgment on plaintiffs’ Administrative Procedure Act (APA) claims; vacated the June 15, 2012 DACA memorandum issued by former Secretary of Homeland Security Napolitano; remanded the memorandum to DHS for further consideration; and issued a permanent injunction prohibiting the government’s continued administration of DACA and the reimplementation of DACA without compliance with the APA. The Court, however, temporarily stayed its order vacating the DACA memorandum and its injunction with regard to individuals who obtained DACA on or before July 16, 2021, including those with renewal requests.
Consistent with this order (PDF, 401.59 KB), DHS will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization. However, pursuant to the July 16, 2021 order from the Southern District of Texas, DHS is prohibited from granting initial DACA requests and accompanying requests for employment authorization. Also consistent with that order, DHS will continue to grant or deny renewal DACA requests, according to existing policy.
USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under the defunct policy.
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