Work Visas and Green Cards for DACA Recipients and Undocumented College Students

On June 18, 2024, President Biden announced actions to facilitate waivers of inadmissibility (ineligibility to enter the U.S.) for certain college-educated DACA recipients who apply for temporary visas for “high skilled” jobs. The administration will direct the U.S. Department of State to update its guidance for the issuance of certain waivers so that qualifying DACA recipients can travel abroad to obtain temporary work visas without facing a ten-year penalty they would otherwise face when they depart the U.S. for processing. This new guidance will remove obstacles for certain DACA recipients, who currently do not have an independent pathway to lawful permanent resident status, to obtain a temporary work visa status that can more readily lead to a path to employment-based sponsorship of their green cards.

To qualify, DACA recipients must have a degree from an accredited U.S. institution of higher education and a job offer from a U.S. employer in a related field.. Since DACA recipients either entered without authorization or were out of status when they received DACA protection, they are typically ineligible for a transition to a lawful status within the U.S.

Under current law, they are required to “consular process” outside the U.S. and obtain a work visa at a U.S. consulate. The individual’s departure from the U.S. could trigger removal bars (similar to those described above), requiring the individual to obtain a temporary waiver of inadmissibility from the government. These waivers, known as “d3 waivers” based on the section of the INA to which they relate, can take months to obtain and the outcome of such a waiver is not certain. These cumulative issues have chilled the interest of many employers and DACA recipients in pursuing these waivers.

In the coming weeks, the administration is expected to announce additional steps to streamline the availability of waivers. The U.S. Department of State will announce changes to its process for granting such waivers to DACA recipients through updates to the Foreign Affairs Manual, and DHS has indicated that it will adopt the State Department’s policy changes. These steps, if implemented, are very good news for many employers and the DACA recipients that they employ by providing a more efficient, robust and reliable process for transitioning DACA recipients to a more stable and lawful status in the U.S.

We often hear questions about DACA from our clients. Who is eligible to apply for DACA? What will happen if I have a DUI conviction? What will happen if I was accused of domestic violence against my partner and I have DACA? Can my application for renewal be denied?
Please see below a list of FAQs:

​ I. General Information for All Requestors
A. What Is Deferred Action for Childhood Arrivals?

As the Department of Homeland Security (DHS) continues to focus its enforcement resources on those who pose the greatest threat to homeland security, DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on individuals who do not fall into this category, such as individuals who came to the United States as children and meet other key guidelines. Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals (DACA) for a period of 2 years, subject to renewal for a period of 2 years, and may be eligible for employment authorization.
USCIS may approve a request for DACA only if we determine, in our sole discretion, that you meet each of the following threshold criteria and merit a favorable exercise of discretion:

1. Were under the age of 31 as of June 15, 2012 (that is, you were born on or after June 16, 1981);
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the time of filing your request for DACA;
4. Were physically present in the United States on June 15, 2012, and at the time you filed your request for DACA with USCIS;
5. Had no lawful immigration status on June 15, 2012, and at the time you filed your request for DACA, meaning that:

• You never had a lawful immigration status on or before June 15, 2012*, or
• Any lawful immigration status or parole that you had before June 15, 2012, expired on or before June 15, 2012, and
• Any lawful status that you had after June 15, 2012, expired or otherwise terminated before you submitted your request for DACA;

1. Are currently enrolled 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 U.S. Coast Guard or armed forces of the United States; and
2. Have not been convicted of a felony, a misdemeanor described in 8 CFR 236.22(b)(6), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

* Please review Q19 below if you are currently in a lawful immigration status.

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If you have a pending request, we have online self-help tools you can use to check your case status and processing times, change your address, and send an inquiry about a case pending longer than posted processing times or about non-delivery of a card or document.
Q1: What is deferred action?
A1: Deferred action is a discretionary determination to defer removal of an individual as an act of prosecutorial discretion. For purposes of future inadmissibility based on prior periods of unlawful presence in the United States, an individual is not considered to be unlawfully present during the period when deferred action is in effect. An individual who has received deferred action is authorized by DHS to be in the United States for the duration of the deferred action period.  Deferred action recipients are also considered to be lawfully present as described in 8 C.F.R. sec. 1.3(a)(4)(vi) for purposes of eligibility for certain public benefits (such as certain Social Security benefits) during the period of deferred action. However, deferred action does not confer lawful immigration status upon an individual, nor does it excuse any previous or subsequent periods of unlawful presence they may have.
Under 8 CFR 274a.12(c)(33), an individual who has been granted deferred action under 8 CFR 236.21 through 236.23, Deferred Action for Childhood Arrivals, may receive employment authorization for the period of deferred action, provided they can demonstrate “an economic necessity for employment.”
Under 8 CFR 236.23(d), USCIS may terminate a grant of DACA at any time, at the agency’s discretion.  Please see Q28 for more information.
Q2: What is DACA?
A2: On June 15, 2012, the secretary of homeland security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of 2 years, subject to renewal, and, if approved, will then be eligible for work authorization if they can demonstrate economic necessity. On Aug. 30, 2022, DHS issued the Deferred Action for Childhood Arrivals (DACA) Final Rule to preserve and fortify the DACA policy. This rule, which puts into effect regulations at 8 CFR 236.21-236.25, rescinds and replaces the DACA guidance set forth in the 2012 Napolitano Memorandum. The final rule is effective as of Oct. 31, 2022.
Individuals who can demonstrate through verifiable documentation that they meet these guidelines will be considered for deferred action. We will make determinations on a case-by-case basis under the DACA final rule.
All guidance in these FAQs stems from the regulations at 8 CFR 236.21-236.25.
Q3: I currently have DACA. How does the DACA Final Rule impact me?
A3: If you are a current DACA recipient, your grant of deferred action and related work authorization, as well as any DACA advance parole document issued, will remain in effect and will expire according to their existing terms. Any requests for renewals of those grants are now governed by the regulations at 8 CFR 236.21-236.25 and not the 2012 Napolitano Memorandum.
Q4: Is there any difference between “deferred action” and DACA under 8 CFR 236.21-236.25?
A4: DACA is a form of deferred action. The relief an individual receives with a grant of DACA under 8 CFR 236.21-236.25 is identical for immigration purposes to the relief obtained by any person who receives deferred action as an act of prosecutorial discretion.
Q5: If my removal is deferred under the DACA final rule, am I eligible for employment authorization?
A5: Yes. Under the regulations at 8 CFR 274a.12(c)(33) , if you receive DACA under the DACA final rule, you may obtain employment authorization from USCIS provided you can demonstrate an economic necessity for employment.
Q6: If my case is deferred, am I in lawful status for the period of deferral?
A6: No. Although action on your case has been deferred and you do not accrue unlawful presence (for admissibility purposes) during the period of deferred action, deferred action does not confer any lawful immigration status.
The fact that you are not accruing unlawful presence does not change that you are in unlawful status while you remain in the United States. However, although deferred action does not confer a lawful immigration status, you may stay in the United States while your deferred action is in effect.  For admissibility purposes, you will not accrue “unlawful presence” while you have deferred action.  You are also considered to be “lawfully present” in the United States while you have deferred action for purposes of certain public benefits (such as certain Social Security benefits) as described in 8 C.F.R. sec. 1.3(a)(4)(vi). Federal law does not prevent individuals granted deferred action from establishing domicile in the United States.
Apart from the immigration laws, “lawful presence,” “lawful status” and similar terms are used in various other federal and state laws. For information on how those laws affect individuals who receive a favorable exercise of prosecutorial discretion under DACA, please contact the appropriate federal, state, or local authorities.
Note: It is a federal crime for a noncitizen who is “illegally or unlawfully in the United States,” among others, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition, or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.  See 18 U.S. 922(g)(5)(A). This prohibition applies to DACA recipients.
Q7: Can I renew my period of deferred action and employment authorization under DACA?
A7: Yes. You may request consideration for a renewal of your DACA. We will consider your request for a renewal on a case-by-case basis under 8 CFR 236.22-23. If USCIS renews its exercise of discretion under DACA for your case, you will receive deferred action for another 2 years, and if you demonstrate an economic necessity for employment, you may receive employment authorization for that period.
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B. DACA Process
Q8: How do I request consideration of DACA?
A8: To request consideration of DACA (either as an initial request or to request renewal), you must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals, to USCIS. Please visit the Form I-821D webpage before you begin the process to make sure you are using the most current version of the form available. You must complete this form, sign the form, and include the required filing fee of $85. With Form I-821D you must also submit Form I-765, Application for Employment Authorization, the required Form I-765 filing fee, and Form I-765WS, Worksheet (PDF, 243.14 KB), establishing your economic need for employment. If you fail to submit a completed Form I-765 (along with the worksheet and accompanying filing fees for that form, please see the Form I-821D page for more information), we will not consider your request for deferred action. Please read the form instructions to ensure you answer the appropriate questions (determined by whether you are submitting an initial or renewal request) and that you submit all the required documentation to support your initial request.

If you are making an initial DACA request, you must file your request for consideration of DACA at the USCIS Lockbox. You can find the mailing address and instructions on the Form I-821D webpage. After we receive your Form I-821D, Form I-765, and Form I-765 Worksheet, we will review them for completeness, including submission of the required fee, initial evidence and supporting documents (for initial filings). Pursuant to current court orders, USCIS is accepting initial DACA requests but cannot adjudicate them at this time. If you are submitting a renewal DACA request, you may file your request at the USCIS Lockbox or online.
Instructions for Online Filing (DACA Renewal Requests Only)
DACA recipients may submit a DACA renewal request online. To file Form I-821D and Form I-765 online, you must first create a USCIS online account, which provides a convenient and secure method to submit Form I-821D, Form I-765 and Form I-765WS, pay fees, and track the status of any pending USCIS immigration request throughout the adjudication process. There is no cost to create an account, which offers a variety of features, including the ability to communicate with USCIS through a secure inbox and respond online to Requests for Evidence. For additional information on filing a DACA renewal request online, see the Form I-821D webpage.  To be considered for DACA, you must submit Form I-821D, Form I-765, and Form I-765WS with your online DACA renewal requests.
After You Submit Your Request
If we determine your request is complete, we will send you a receipt notice. If you need to visit an Application Support Center (ASC) for biometric services, we will send you an appointment notice. Please make sure you read and follow the instructions in the notice. If you fail to attend your biometrics appointment, it may take longer for us to process your request for consideration of deferred action, or we may deny your request. You may also choose to receive an email or text message or both notifying you that we have accepted your form by completing a Form G-1145, E-Notification of Application/Petition Acceptance.
We will review each request for consideration of DACA on an individual, case-by-case basis. We may request more information or evidence from you, or ask you to appear at a USCIS office. We will notify you of our determination in writing.
Note: All individuals who believe they meet the guidelines, including those in removal proceedings, with a final removal order, or with a voluntary departure order, may affirmatively request consideration of DACA from USCIS through this process. If you are currently in immigration detention and believe you meet the guidelines, you may request consideration of deferred action from USCIS, but we will not approve the request until you are released from detention. If you are requesting DACA, you should tell your deportation officer or follow directions at the U.S. Immigration and Customs Enforcement (ICE) DACA webpage, which also has more information.
Q9: Can I obtain a fee waiver or fee exemption for this process?
A9: There are no fee waivers available for DACA requests or employment authorization applications connected to DACA. There are very limited fee exemptions available for Form I-821D and related Form I-765s. You must file a request for a fee exemption, and we must approve your request, before you file your Form I-821D and Form I-765 without fees. To be considered for a fee exemption, you must submit a letter and supporting documentation to USCIS demonstrating that you meet 1 of the following conditions:

• You cannot care for yourself because you suffer from a serious, chronic disability and your income is less than 150 percent of the U.S. poverty level; or
• You have, at the time of the request, accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses for yourself or an immediate family member, and your income is less than 150 percent of the U.S. poverty level; or
• You are under 18 years of age, your income is less than 150% of the U.S. poverty level, and you are:
  • homeless, or
  • in foster care, or
  • otherwise lacking any parental or other familial support.

You can find additional information on our Fee Exemption Guidance webpage. Your fee exemption request must be submitted and decided before you submit a Form I-821D and related Form I-765 without fees. You must provide evidence that you meet any of the above conditions when you make the request. For evidence, we will accept:

• Affidavits from community-based or religious organizations establishing that you are homeless or lack parental or other familial financial support;
• Copies of tax returns, bank statement, pay stubs, or other reliable evidence of income level. Evidence can also include an affidavit from you or a responsible third party attesting that you do not file tax returns, have no bank accounts, or have no income to prove income level; and
• Copies of medical records, insurance records, bank statements, or other reliable evidence of unreimbursed medical expenses of at least $10,000.

We will address factual questions through Requests for Evidence (RFEs).
Q10: If individuals meet the guidelines for consideration of DACA and are encountered by U.S. Customs and Border Protection (CBP) or ICE, will they be placed into removal proceedings?
A10: Under the direction of the Secretary of Homeland Security, if an individual meets the guidelines for DACA, CBP or ICE should exercise their discretion on a case-by-case basis to prevent qualifying individuals from being apprehended, placed into removal proceedings, or removed. If individuals believe that, in light of this policy, they should not have been apprehended or placed into removal proceedings, contact your case officer or the ICE Detention Reporting and Information Line at 1-888-351-4024 (staffed 8 a.m. – 8 p.m., Monday – Friday); or email [email protected]
Q11: Does this process apply to me if I am currently in removal proceedings, have a final removal order, or have a voluntary departure order?
A11: This process is open to any individual who can demonstrate they meet the guidelines for DACA consideration under 8 CFR 236.21 – 236.25, including those who have never been in removal proceedings as well as those in removal proceedings, with a final order of removal, or with a voluntary departure order.
Q12: If I am not in removal proceedings but believe I meet the guidelines for consideration of DACA, should I seek to place myself into removal proceedings through encounters with CBP or ICE?
A12: No. If you are not in removal proceedings but believe that you meet the guidelines for DACA consideration under 8 CFR 236.21 – 236.25, you should submit your DACA request to USCIS under the process outlined below and at 8 CFR 236.23.
Q13: Can I request consideration of DACA from USCIS if I am in immigration detention under the custody of ICE?
A13: Yes. If you are currently in immigration detention, you may request consideration of DACA from USCIS. However, if we decide to grant you DACA, we will not approve your DACA request until you are released from detention. If you are requesting DACA, you should tell your deportation officer.
Q14: If I am about to be removed by ICE and believe that I meet the guidelines for consideration of DACA, what should I do to seek review of my case before removal?
A14: If you believe you can demonstrate that you meet the guidelines and are about to be removed, you should immediately contact your case officer or the ICE Detention Reporting and Information Line at 1-888-351-4024 (staffed 8 a.m. – 8 p.m. Eastern, Monday – Friday) or email [email protected].
Q15: What should I do if I meet the guidelines of this process and have been issued an ICE detainer following an arrest by a state or local law enforcement officer?
A15: If you meet the guidelines and have been served a detainer, you should immediately contact the ICE Detention Reporting and Information Line at 1-888-351-4024 (staffed 8 a.m. – 8 p.m. Eastern, Monday–Friday); or email [email protected]
Q16: If I accepted an offer of administrative closure under the case-by-case review process or my case was terminated or dismissed as part of the case-by-case review process, can I be considered for deferred action under this process?
A16: Yes. If you can demonstrate that you meet the guidelines, you will be able to request consideration of DACA even if you have accepted an offer of administrative closure or termination under the case-by-case review process.
Q17: If I declined an offer of administrative closure under the case-by-case review process, can I be considered for deferred action under this process?
A17: Yes. If you can demonstrate that you meet the guidelines, you will be able to request consideration of DACA even if you declined an offer of administrative closure under the case-by-case review process.
Q18: If my case was reviewed as part of the case-by-case review process but I was not offered administrative closure, can I be considered for deferred action under this process?
A18: Yes. If you can demonstrate that you meet the guidelines, you will be able to request consideration of DACA even if you were not offered administrative closure following review of your case as part of the case-by-case review process.
Q19: Can I request consideration of DACA under this process if I am in a nonimmigrant status (for example F-1, E-2, H-4) or have Temporary Protected Status (TPS) at the time I submit my request?
A19: No. You can only request consideration of DACA under this process if, at the time of submitting your request and at the time of adjudication of your request, you have no immigration status and were not in any lawful status on June 15, 2012. However, a pending petition or application for nonimmigrant status does not prevent you from requesting DACA, if you otherwise meet the threshold criteria at 8 CFR 236.22.
Q20: Will the information I share in my request for consideration of DACA be used for immigration enforcement purposes?
A20: Under 8 CFR 236.23(e)(1), DHS will not use information about a requestor in a request for DACA to initiate immigration enforcement proceedings against that requestor, unless DHS is initiating immigration enforcement proceedings  due to a criminal offense, fraud, a threat to national security, or public safety concerns. Individuals whose cases are deferred under DACA will not be referred to ICE. The information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of DACA, to identify or prevent fraudulent claims, for national security purposes, or to investigate or prosecute a criminal offense.
Q21: If my case is referred to ICE for immigration enforcement purposes or if I receive a Notice to Appear, will ICE receive information about my family members and guardians for immigration enforcement purposes?
A21: Under 8 CFR § 236.23(e)(2), information contained in your DACA request related to your family members or guardians will not be used for immigration enforcement purposes against them. However, we may share this information with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of DACA, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense.
Q22: Will USCIS verify documents or statements I provide to support my request for DACA?
A22: We have the authority to verify documents, facts, and statements provided to support requests for DACA. We may contact education institutions, other government agencies, employers, or other entities to verify information.
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C. Background Checks

Q23: Will USCIS conduct a background check when you review my request for DACA?
A23: Yes. You must undergo biographic and biometric background checks before we will consider your DACA request.
Q24: What do background checks involve?
A24: Background checks involve checking biographic and biometric information provided by an individual against a variety of databases maintained by DHS and other federal government agencies.
Q25: What steps will USCIS and ICE take if I engage in fraud through the new process?
A25: If you knowingly misrepresent information, or knowingly fail to disclose facts, in an effort to obtain DACA or work authorization through this process, DHS will treat you as an immigration enforcement priority to the fullest extent permitted by law, and you will be subject to criminal prosecution or removal from the United States or both.
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D. After USCIS Makes a DecisionQ26: Can I appeal USCIS’ determination?
A26: No. You cannot file a motion to reopen or reconsider and cannot administratively appeal the decision if we deny your DACA request.
You may request a review of your Form I-821D denial by contacting the USCIS Contact Center at 800-375-5283 Monday to Friday, 8 a.m. to 8 p.m. Eastern. For people who are deaf, hard of hearing or have a speech disability: TTY 800-767-1833. USCIS will not review its discretionary determination to deny your request for DACA.  However, you can have a Service Request created if you believe that you actually met all of the DACA guidelines and that your request was denied because USCIS:

• Denied the request based on abandonment, when you actually responded to an RFE or Notice of Intent to Deny (NOID) within the prescribed time;
• Mailed the RFE or NOID to the wrong address although you had changed your address, either online at How to Change Your Address or with a customer service representative on the phone and submitted a Form AR-11, Change of Address, before USCIS issued the RFE or NOID.
  • To ensure the address is updated on a pending case as quickly as possible, we recommend that customers change your address online.  Please note that only an online change of address or a Form AR-11 submission will satisfy the legal requirements to notify us of an address change. Therefore, if you called a customer service representative to change your address, please be sure you also change your address online or with a Form AR-11.
• Denied the request on the grounds that you did not come to the United States before your 16th birthday, but the evidence submitted at the time of filing shows that you did arrive before reaching that age.
• Denied the request on the grounds that you were under age 15 at the time of filing but not in removal proceedings, while the evidence submitted at the time of filing show that you indeed were in removal proceedings when the request was filed;
• Denied the request on the grounds that you were 31 or older as of June 15, 2012, but the evidence submitted at the time of filing shows that you were under the age of 31 as of June 15, 2012;
• Denied the request on the grounds that you had lawful status on June 15, 2012, but the evidence submitted at the time of filing shows that you indeed were in an unlawful immigration status on that date;
• Denied the request on the grounds that you were not physically present in the United States on June 15, 2012, and up through the date of filing, but the evidence submitted at the time of filing shows that you were, in fact, present;
• Denied on the grounds that you are not currently in school, have not graduated or obtained a certificate of completion from high school, have not obtained a GED certificate, and are not an honorably discharged veteran of the U.S. Coast Guard or armed forces of the United States;
• Denied the request due to your failure to appear at a USCIS ASC where we may collect your biometrics, when you in fact either did appear at a USCIS ASC to have this done or requested before the scheduled date of your biometrics appointment to have the appointment rescheduled; or
• Denied the request because you did not pay the filing fees for Form I-821D or Form I-765, when you actually did pay these fees.

Q27: If USCIS does not exercise deferred action in my case, will I be placed in removal proceedings?
A27: If USCIS denies your request for DACA under 8 CFR 236.23, we will not issue a Notice to Appear or refer your case to ICE for possible enforcement action based on our denial, unless we determine that your case involves denial for a criminal offense, fraud, a threat to national security, or public safety concerns. We may consider factors including, but not limited to, whether a misrepresentation is willful, material, and knowing in determining whether fraud is involved in a case.
Q28: Can USCIS terminate my DACA before it expires?
A28: Yes. DACA is an exercise of prosecutorial discretion, and under 8 CFR 236.23(d), we may terminate a grant of DACA at any time,  at USCIS’ discretion. We will provide a Notice of Intent to Terminate (NOIT) and an opportunity to respond before terminating a DACA grant, except we may terminate a grant of DACA without an NOIT and an opportunity to respond if you are convicted of a national security-related offense involving conduct described in 8 U.S.C. 1182(a)(3)(B)(iii), (iv), or 1227(a)(4)(A)(i)), or an egregious public safety offense. If we terminate your grant of DACA without an NOIT and an opportunity to respond, we will notify you of the termination.
Q29: What happens to my employment authorization if USCIS terminates my DACA before it expires?
A29: A grant of employment authorization based on DACA, under 8 CFR 274a.12(c)(33), will automatically terminate when DACA terminates. See 8 CFR 236.23(d)(3).
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II. Initial Requests for DACAQ

30: What guidelines must I meet to be considered for DACA?
A30: Pursuant to current court orders, USCIS is accepting, but not adjudicating, initial requests for DACA. Under 8 CFR 236.22, to be considered for DACA you must submit evidence, including supporting documents, showing that you:

1. Were under the age of 31 as of June 15, 2012 (that is, you were born on or after June 16, 1981);
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up until you filed your request for DACA;
4. Were physically present in the United States on June 15, 2012, and when you filed your request for DACA with USCIS;
5. Had no lawful immigration status on June 15, 2012,* and when you filed your request for DACA, meaning that:

• You never had a lawful immigration status on or before June 15, 2012, or
• Any lawful immigration status or parole that you had before June 15, 2012, expired as of June 15, 2012, and
• Any lawful status that you had after June 15, 2012, expired or otherwise terminated before you submitted your request for DACA;

1. Are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a GED certificate, or are an honorably discharged veteran of the U.S. Coast Guard or armed forces of the United States; and
2. Have not been convicted of a felony, a misdemeanor described in 8 CFR 236.22(b)(6), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

We consider on a case-by-case basis deferred action requests submitted under 8 CFR 236.21-236.25. Even if you meet the threshold criteria listed above and at 8 CFR 236.22(b), we retain the discretion to assess your circumstances and determine that any specific factor makes deferred action inappropriate. See 8 CFR 236.22(c).
* Please review Q19 if you are currently in a lawful immigration status.
Q31: I first came to the United States before I turned 16 years old, and I have been continuously residing in the United States since at least June 15, 2007. Before I turned 16 years old, however, I left the United States for some period of time before returning and beginning my current period of continuous residence. May I be considered for deferred action under 8 CFR 236.21-236.25?
A31: Yes, but only if you established residence in the United States during the period before you turned 16 years old, as evidenced, for example, by records showing you attended school or worked in the United States during that time, or that you lived in the United States for multiple years during that time. In addition to establishing that you initially resided in the United States before you turned 16 years old, you must also have maintained continuous residence in the United States from June 15, 2007, until the present time to be considered for deferred action under this process. See 8 CFR 236.22(b)(1)-(2).
Q32: To prove my continuous residence in the United States since June 15, 2007, must I provide evidence documenting my presence for every day, or every month, of that period?
A32: To meet the continuous residence guideline under 8 CFR 236.22(b)(2), you must submit documentation that shows you have been living in the United States from June 15, 2007, up until the time of filing your request. You should provide documentation to account for as much of the period as reasonably possible, but there is no requirement that every day or month of that period be specifically accounted for through direct evidence.
It is helpful to USCIS if you can submit evidence of your residence during at least each year of the period. USCIS will review the documentation in its totality to determine whether it is more likely than not that you were continuously residing in the United States for the period since June 15, 2007. Gaps in the documentation for certain periods may raise doubts about your continued residence if they are lengthy or the record otherwise indicates that you may have been outside the United States for a period of time that was not brief, casual or innocent.
If gaps in your documentation raise questions, USCIS may issue a Request for Evidence to allow you to submit additional documentation that supports your claimed continuous residence.
You may submit affidavits to explain a gap in the documentation demonstrating that you meet the 5-year continuous residence requirement. If you submit affidavits related to the continuous residence requirement, you must submit 2 or more affidavits, sworn to or affirmed by people other than yourself who have direct personal knowledge of the events and circumstances during the period when there is a gap in the documentation. You may only use affidavits to explain gaps in your continuous residence; you cannot use them as evidence that you meet the entire 5-year continuous residence requirement.
Q33: I came to the United States when I was very young and before I began attending school, so I do not have primary evidence of the start of my continuous residence in the United States. Can I submit an affidavit as proof of the start of my continuous residence period?
A33: DHS will accept affidavits for the start of the continuous residence period if you are a new initial requestor who arrived in the United States at or before age 8. We recognize that age 8 is the highest age at which school attendance becomes required within the United States, and that it may be more challenging for individuals who arrived before that age to provide primary evidence of the start of their continuous residence period.
Q34: Does “currently enrolled in school” refer to the date when I file the request for consideration of deferred action?
A34: To be considered “currently enrolled in school” under 8 CFR 236.22(b)(5), you must be enrolled in school on the date you submit a DACA request.
Q35: Who is considered to be “currently enrolled in school” under 8 CFR 236.22(b)(5)?
A35: To be considered “currently enrolled in school” under 8 CFR 236.22(b)(5), you must be enrolled in:

• A public, private, or charter elementary school, junior high or middle school, high school, secondary school, alternative program, or homeschool program that meets state requirements;
• An education, literacy, or career training program (including vocational training) that has a purpose of improving literacy, mathematics, or English or is designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement; or
• An education program helping students obtain a regular high school diploma or its recognized equivalent under state law (including a certificate of completion, certificate of attendance, or alternate award), or in passing a GED exam or other state-authorized exam (such as HiSet or TASC) in the United States.

Education, literacy, and career training programs (including vocational training), or education programs helping students obtain a regular high school diploma or its recognized equivalent under state law, or in passing a GED exam or other state-authorized exam in the United States, may include, but are not limited to, programs wholly or partially funded by federal, state, county or municipal grants or administered by nonprofit organizations. Programs funded by other sources may qualify if they have demonstrated effectiveness.
In assessing whether programs are of demonstrated effectiveness, USCIS will consider:

• The duration of the program’s existence;
• The program’s track record in:
  • Assisting students in obtaining a regular high school diploma or its recognized equivalent;
  • Passing a GED or other state-authorized exam (such as HiSet or TASC); or
  • Placing students in postsecondary education, job training, or employment; and
• Other indicators of the program’s overall quality.

If you seek to demonstrate that you are “currently enrolled in school” with your enrollment in such a program, you must show the program’s demonstrated effectiveness.
Q36: How do I establish that I am currently enrolled in school?
A36: Documentation demonstrating that you are currently enrolled in school may include, but is not limited to:

• Evidence that you are enrolled in a public, private, or charter elementary school, junior high or middle school, high school or secondary school, alternative program, or homeschool program that meets state requirements; or
• Evidence that you are enrolled in an education, literacy, or career training program (including vocational training) that:
  • Has a purpose of improving literacy, mathematics, or English, or is designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement; and
  • Is wholly or partially funded by federal, state, county or municipal grants or administered by nonprofit organizations or, if funded by other sources, is of demonstrated effectiveness; or
• Evidence that you are enrolled in an education program assisting students in obtaining a high school equivalency diploma or certificate recognized under state law (such as by passing a GED exam or other state-authorized exam such as HiSet or TASC), and that the program is wholly or partially funded by federal, state, county or municipal grants or administered by nonprofit organizations or, if funded by other sources, is of demonstrated effectiveness.

Evidence of enrollment may include acceptance letters, school registration cards, letters from a school or program, transcripts, report cards, or progress reports that may show the name of the school or program, date of enrollment, and current educational or grade level, if relevant. See Chart #1, below, for examples of documents.

Q37: What documentation may be sufficient to demonstrate that I have graduated or obtained a certificate of completion from high school?
A37: See Chart #1, below, for examples of documents. Documentation demonstrating that you have graduated or obtained a certificate of completion from high school for purposes of 8 CFR 236.22(b)(5) may include, but is not limited to:

• A high school diploma from a public or private high school or secondary school; or
• A certificate of completion, a certificate of attendance, or an alternate award from a public or private high school or secondary school or a recognized equivalent of a high school diploma under state law, or a GED certificate or certificate from passing another such state authorized exam (e.g., HiSet or TASC) in the United States.

Q38: What documentation may be sufficient to demonstrate that I have obtained a GED certificate or certificate from passing a similar state-authorized exam (such as HiSet or TASC)?
A38: See Chart #1, below, for examples of documents. Documentation demonstrating that you have obtained a GED certificate or certificate from passing a similar state-authorized exam for purposes of 8 CFR 236.22(b)(5) may include, but is not limited to, evidence that you have passed a GED exam or other state-authorized exam (such as HiSet or TASC) and received the recognized equivalent of a regular high school diploma under state law.
Q39: If I am enrolled in a literacy or career training program, can I meet the guidelines at 8 CFR 236.22(b)(5)?
A39: Yes, in certain circumstances. You may be able to establish that you meet the education guidelines at 8 CFR 236.22(b)(5) if you are enrolled in an education, literacy, or career training program that has a purpose of improving literacy, mathematics, or English or is designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement. Such programs include, but are not limited to, programs wholly or partially funded by federal, state, county or municipal grants or administered by nonprofit organizations, or if funded by other sources, are programs of demonstrated effectiveness.
Q40: If I am enrolled in an English as a second language (ESL) program, can I meet the guidelines?
A40: Yes, in certain circumstances. You may be able to establish that you meet the education criteria at 8 CFR 236.22(b)(5) through enrollment in an ESL program if the ESL program is wholly or partially funded by federal, state, county or municipal grants or administered by nonprofit organizations, or is a program of demonstrated effectiveness. You must submit direct documentary evidence that the program is wholly or partially funded by federal, state, county or municipal grants, administered by a nonprofit organization, or of demonstrated effectiveness.
Q41: Will USCIS consider evidence other than that listed in Chart #1 to show that I have met the education guidelines at 8 CFR 236.22(b)(5)?
A41: No. We will not accept evidence that is not listed in Chart #1 to establish that you are currently enrolled in school, have graduated or obtained a certificate of completion from high school, or have obtained a GED or passed another state-authorized exam (such as HiSet or TASC) for purposes of 8 CFR 236.22(b)(5). You must submit any of the documentary evidence listed in Chart #1 to show that you meet the education guidelines at 8 CFR 236.22(b)(5).
Q42: Will USCIS consider evidence other than that listed in Chart #1 to show that I have met certain threshold criteria at 8 CFR 236.22(b)?
A42: You may use evidence other than those documents listed in Chart #1 to establish that you meet the following guidelines and factual showings, if available documentary evidence is insufficient or lacking and shows that:

• You were physically present in the United States on June 15, 2012;
• You came to the United States before reaching your 16th birthday;
• You satisfy the continuous residence requirement, as long as you present direct evidence of your continued residence in the United States for a portion of the required period and the circumstantial evidence is used only to fill in gaps in the length of continuous residence demonstrated by the direct evidence; and
• Any travel outside the United States during the period of required continuous presence was brief, casual, and innocent.

However, USCIS will not accept evidence other than the documents listed in Chart #1 as proof that you meet any of the following guidelines:

• You were under the age of 31 on June 15, 2012 (that is, you were born on or after June 16, 1981); and
• You are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a GED certificate, or are an honorably discharged veteran of the Coast Guard or armed forces of the United States.

For example, even if you do not have documentary proof of your presence in the United States on June 15, 2012, you may still be able to demonstrate that you meet the guideline. You may do so by submitting credible documentary evidence that you were present in the United States shortly before and shortly after June 15, 2012, which may be enough to infer you were present June 15, 2012, as well. However, we will not accept evidence other than that listed in Chart #1 to establish that you have graduated high school. You must submit the designated documentary evidence to satisfy that you meet this guideline.
Chart #1 provides examples of documentation you may submit to demonstrate you meet the threshold criteria for DACA under 8 CFR 236.21-236.25. Please see the instructions for Form I-821D, Consideration of Deferred Action for Childhood Arrivals, for additional details of acceptable documentation.
Chart #1 Examples of Documents to Submit to Demonstrate You Meet the Guidelines
Proof of identity

• Passport or national identity document from your country of origin
• Birth certificate with photo identification
• School or military ID with photo
• Any U.S. government immigration or other document bearing your name and photo

Proof you came to U.S. before your 16th birthday

• Passport with admission stamp
• Form I-94, Form I-95, or Form I-94W
• School records from the U.S. schools you have attended
• Any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear)
• Travel records
• Hospital or medical records
• Rent receipts or utility bills
• Employment records (pay stubs, W-2 Forms, etc.)
• Official records from a religious entity confirming participation in a religious ceremony
• Copies of money order receipts for money sent in or out of the United States
• Birth certificates of children born in the United States
• Dated bank transactions
• Automobile license receipts or registration
• Deeds, mortgages, rental agreement contracts
• Tax receipts, insurance policies

Proof of lack of lawful immigration status on June 15, 2012, and at the time of filing your DACA request (8 CFR 236.22(b)(4))

• Form I-94/I-95/I-94W with authorized stay expiration date
• Final order of exclusion, deportation, or removal issued as of June 15, 2012
• A charging document placing you into removal proceedings

Proof of physical presence in the United States on June 15, 2012, and at the time of filing your DACA request (8 CFR 236.22(b)(3))

• Rent receipts or utility bills
• Employment records (pay stubs, W-2 Forms, etc.)
• School records (letters, report cards, etc.)
• Military records (Form DD-214 or NGB Form 22)
• Official records from a religious entity confirming participation in a religious ceremony
• Copies of money order receipts for money sent in or out of the United States
• Passport entries
• Birth certificates of children born in the United States
• Dated bank transactions
• Automobile license receipts or registration
• Deeds, mortgages, rental agreement contracts
• Tax receipts, insurance policies
• Affidavits for the start of the continuous presence period if you arrived in the United States before age 8

Proof you continuously resided in the United States from June 15, 2007, to the time of filing your DACA request (8 CFR 236.22(b)(2))
Proof of your education status at the time of requesting consideration of DACA (8 CFR 236.22(b)(5))

• School records (transcripts, report cards, etc.) from the school that you are currently attending in the United States showing the name(s) of the school(s) and periods of school attendance and the current educational or grade level
• U.S. high school diploma, certificate of completion, or other alternate award
• High school equivalency diploma or certificate recognized under state law
• Evidence that you passed a state-authorized exam, including the GED or other state-authorized exam (such as HiSet or TASC) in the United States

Proof you are an honorably discharged veteran of the U.S. armed forces or the U.S. Coast Guard (8 CFR 236.22(b)(5))

• Form DD-214, Certificate of Release or Discharge from Active Duty
• NGB Form 22, National Guard Report of Separation and Record of Service
• Military personnel records
• Military health records

Q43: May I file affidavits as proof that I meet the threshold criteria for consideration of DACA at 8 CFR 236.22(b)?
A43: Affidavits generally will not be sufficient on their own to demonstrate that you meet the threshold criteria at 8 CFR 236.22(b) for USCIS to consider you for DACA. However, you may use affidavits to support meeting the following guidelines if the documentary evidence available to you is insufficient or lacking:

• Demonstrating that you meet the 5-year continuous residence requirement;
• Establishing the start of the continuous residence period if you entered the United States before age 8; and
• Establishing that departures during the required period of continuous residence were brief, casual, and innocent.

If you submit affidavits related to the above criteria, you must submit 2 or more affidavits, sworn to or affirmed by people other than yourself, who have direct personal knowledge of the events and circumstances. If we determine that the affidavits are insufficient to overcome the unavailability or lack of documentary evidence with respect to either of these guidelines, we will issue a Request for Evidence, indicating you must submit further evidence to demonstrate that you meet these guidelines.

USCIS will not accept affidavits to satisfy the following guidelines at 8 CFR 236.22(b):

• You are currently enrolled in school, have graduated or obtained a certificate of completion or other alternate award from high school, have obtained a high school equivalency diploma or certificate (such as by passing the GED exam or other similar state-authorized exam such as HiSet or TASC), or are an honorably discharged veteran from the U.S. Coast Guard or armed forces of the United States;
• You were physically present in the United States on June 15, 2012;
• You came to the United States before reaching your 16th birthday;
• You were under the age of 31 on June 15, 2012 (that is, you were born on or after June 16, 1981); and
• Your lack of disqualifying criminal history.

If the only evidence you submit to demonstrate you meet any of the above guidelines is an affidavit, we will issue a Request for Evidence, indicating that you have not demonstrated that you meet these guidelines and that you must submit evidence to demonstrate that you meet that guideline.
Q44: Can I be considered for deferred action under this process if I had an application for asylum or cancellation of removal pending before either USCIS or the Executive Office for Immigration Review (EOIR) on June 15, 2012?
A44: Yes. If you had an application for asylum or cancellation of removal, or similar relief, pending before either USCIS or EOIR as of June 15, 2012, but had no lawful status, you may request consideration of DACA.
Q45: I was admitted for "duration of status" or for a period of time that extended past June 14, 2012, but I violated my immigration status (for example, by engaging in unauthorized employment, failing to report to my employer, or failing to pursue a full course of study) before June 15, 2012. May I be considered for deferred action under 8 CFR 236.21-236.25?
A45: No, unless the Executive Office for Immigration Review terminated your status by issuing a final order of removal against you before June 15, 2012.
Q46: I was admitted for "duration of status" or for a period of time that extended past June 14, 2012, but I "aged out" of my dependent nonimmigrant status as of June 15, 2012.  May I be considered for deferred action under 8 CFR 236.21-236.25?
A46: Yes. For purposes of satisfying the “had no lawful status on June 15, 2012," guideline at 8 CFR 236.22(b)(4) alone, if you were admitted for duration of status or for a period of time that extended past June 14, 2012, but aged out of your dependent nonimmigrant status on or before June 15, 2012, (meaning you turned 21 years old on or before June 15, 2012), you may be considered for deferred action under 8 CFR 236.21-236.25.
Q47: I was admitted for duration of status, but my status in the Student and Exchange Visitor Information System (SEVIS) is listed as terminated on or before June 15, 2012. May I be considered for deferred action under 8 CFR 236.21-236.25?
A47: Yes. For the purposes of satisfying the “had no lawful status on June 15, 2012,” guideline at 8 CFR 236.22(b)(4) alone, if your status as of June 15, 2012, is listed as “terminated” in SEVIS, you may be considered for DACA under 8 CFR 236.21-236.25.
Q48: I am a Canadian citizen who was inspected by CBP but was not issued a Form I-94 at the time of admission. May I be considered for deferred action under 8 CFR 236.21-236.25?
A48: In general, a Canadian citizen who was admitted as a visitor for business or pleasure and not issued a Form I-94, Arrival/Departure Record (also known as a “non-controlled” Canadian nonimmigrant) is lawfully admitted for a period of 6 months. For that reason, unless there is evidence, including verifiable evidence provided by the individual, that they were specifically advised that their admission would be for a different length of time, DHS will consider, for purposes of 8 CFR 236.21-236.25 only, that the noncitizen was lawfully admitted for a period of 6 months. If DHS is able to verify from its records that your last noncontrolled entry occurred on or before Dec. 14, 2011, DHS will consider your nonimmigrant visitor status to have expired as of June 15, 2012, and you may be considered for deferred action under 8 CFR 236.21-236.25.
Q49: I used my Border Crossing Card (BCC) to obtain admission to the United States and was not issued a Form I-94 at the time of admission. May I be considered for deferred action under 8 CFR 236.21-236.25?
A49: Because the limitations on entry for a BCC holder vary based on location of admission and travel, DHS will assume that the BCC holder who was not provided a Form I-94 was admitted for the longest period legally possible—30 days—unless the individual can demonstrate, through verifiable evidence, that they were specifically advised that their admission would be for a different length of time. Accordingly, if DHS is able to verify from its records that your last admission was using a BCC, you were not issued a Form I-94 at the time of admission, and it occurred on or before May 14, 2012, DHS will consider your nonimmigrant visitor status to have expired as of June 15, 2012, and you may be considered for deferred action under 8 CFR 236.21-236.25.
Q50: Do I accrue unlawful presence if I have a pending initial request for consideration of DACA?
A50: You will continue to accrue unlawful presence while the request for consideration of DACA is pending unless you are under 18 years of age at the time of the request. If you are under 18 years of age at the time you submit your request, you will not accrue unlawful presence while the request is pending, even if you turn 18 while your request is pending with USCIS. If we grant your DACA request, you will not accrue unlawful presence during the period of deferred action. However, having deferred action will not excuse previously accrued unlawful presence.
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III. Renewal of DACAQ51: When should I file my DACA renewal request?
A51: We strongly encourage you to submit your DACA renewal request between 120 and 150 days (4 to 5 months) before the expiration date located on your current Form I-797 DACA approval notice and EAD. Filing during this window reduces the risk that your current period of DACA will expire before you receive a decision on your renewal request. Filing earlier than 150 days before your current DACA expiration date will not result in a faster decision.
DACA recipients may submit a DACA renewal request online. To file Form I-821D and Form I-765 online, a DACA requestor must first create a USCIS online account, which provides a convenient and secure method to submit forms, pay fees and track the status of any pending USCIS immigration request throughout the adjudication process. There is no cost to set up an account, which offers a variety of features, including the ability to communicate with USCIS through a secure inbox and respond online to Requests for Evidence. For additional information on filing a DACA renewal request online, go to the Form I-821D webpage. All online DACA renewal requests must include Form I-821D, Form I-765, and Form I-765WS and accompanying fees.

• USCIS’ current goal is to process DACA renewal requests within 120 days. You may submit an inquiry online about the status of your renewal request after it has been pending more than 105 days. Please Note: Factors that may affect the timely processing of your DACA renewal request include, but are not limited to:
  • If you fail to appear at an ASC for a scheduled biometrics appointment to obtain fingerprints and photographs. It will take longer to process your request if you miss or reschedule your appointments;
  • Issues of national security, criminality or public safety discovered during the background check process that require further vetting;
  • Issues of travel abroad that need additional evidence or clarification;
  • Name or date of birth discrepancies that may require additional evidence or clarification; or
  • A renewal submission that is incomplete or contains evidence that suggests a requestor may not satisfy the DACA renewal guidelines and we must request additional evidence or an explanation.

Q52: Can I file a renewal request outside the recommended filing period of 120 to 150 days before my current DACA expires?
A52: USCIS strongly encourages you to file your renewal request within the recommended 120- to 150-day filing period to minimize the possibility that your current period of DACA will expire before you receive a decision on your renewal request. We will accept requests we receive earlier than 150 days before your current DACA expires; however, this could result in an overlap between your current DACA and your renewal. This means your renewal period may extend for less than a full 2 years from the date that your current DACA period expires.
If you file less than 120 days before your current period of DACA expires, there is more risk that your current period of DACA and employment authorization will expire before you receive a decision on your renewal request. If you file after your most recent DACA period expires, but within 1 year of its expiration, you may submit a request to renew your DACA. If you are filing beyond 1 year after your most recent period of DACA expired, or if your most recent grant of DACA was terminated at any time, you may still request DACA by submitting a new initial request.
Please note: An ongoing July 16, 2021, injunction (PDF, 401.59 KB) from the U.S. District Court for the Southern District of Texas, which was affirmed by the U.S. Court of Appeals for the Fifth Circuit, and, on Oct. 14, 2022, was extended by the district court to the DACA final rule, remains in effect and prohibits DHS from granting initial DACA requests and related employment authorization under the final rule. Due to the partial stay of the injunction, DHS presently may grant DACA renewal requests under the final rule.
Q53: How will USCIS evaluate my request for renewal of DACA under 8 CFR 236.21-236.25?
A53: We may consider renewing your DACA if you met the guidelines for consideration of Initial DACA (see above and 8 CFR 236.22(b)) and you:

• Did not engage in unauthorized travel outside the United States on or after Aug. 15, 2012;
• Have continuously resided in the United States since you submitted your most recent request for DACA that was approved up to the present time; and
• Have not been convicted of a felony, a misdemeanor described in 8 CFR 236.22(b)(6), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

These guidelines must be met for consideration of DACA renewal. We consider deferred action requests submitted under 8 CFR 236.21-236.25 on a case-by-case basis. Even if you meet the guidelines, we have discretion to assess your circumstances and determine that deferred action is inappropriate. See 8 CFR 236.22I.
Q54. Do I accrue unlawful presence if I am seeking renewal and my previous period of DACA expires before I receive a renewal of deferred action under DACA? Similarly, what would happen to my work authorization?
A54: Yes, if your previous period of DACA expires before you receive a renewal of deferred action under DACA, you will accrue unlawful presence for any time between the periods of deferred action, unless you are under 18 years of age at the time you submit your renewal request.
Similarly, if your previous period of DACA expires before you receive a renewal of deferred action under DACA, you will not be authorized to work in the United States regardless of your age at time of filing until and unless you receive a new EAD from USCIS.
Q55. Do I need to provide additional documents when I request renewal of deferred action under DACA?
A55. No, unless you have new documents pertaining to removal proceedings or criminal history that you have not already submitted to USCIS in a previously approved DACA request. However, we reserve the authority, at our discretion, to request additional documents, information or statements relating to a DACA renewal request determination.
CAUTION: If you knowingly and willfully provide materially false information on Form I-821D, you will be committing a federal felony punishable by a fine, imprisonment up to 5 years, or both under 18 U.S.C. Section 1001. In addition, you may be placed into removal proceedings, face severe penalties provided by law, and be subject to criminal prosecution.
Q56.; If I am no longer enrolled in school, can I still request to renew my DACA?
A56. Yes. Neither Form I-821D nor the instructions ask renewal requestors for information about continued school enrollment or graduation. The instructions for renewal requests specify that you may be considered for DACA renewal if you met the guidelines for consideration of initial DACA, including the educational guidelines and:

1. Did not engage in unauthorized travel outside the United States on or after Aug. 15, 2012, without advance parole;
2. Have continuously resided in the United States, up to the present time, since you submitted your most recent request for DACA that was approved; and
3. Have not been convicted of a felony, a misdemeanor described in 8 CFR 236.22(b)(6)or 3 or more other misdemeanors and are not a threat to national security or public safety.

Q57. If I initially received DACA and was under age 31 on June 15, 2012, but have since become 31 or older, can I still request renewal of DACA?
A57. Yes. You may request consideration for a renewal of DACA as long as you were under age 31 as of June 15, 2012.

IV. TravelQ58: May I travel outside the United States before I submit an initial DACA request or while my initial DACA request is pending with USCIS?
A58: Any unauthorized travel outside of the United States on or after Aug. 15, 2012, will interrupt your continuous residence, and you will not be considered for deferred action under 8 CFR 236.21-236.25. We will assess any travel outside of the United States that occurred on or after June 15, 2007, but before Aug. 15, 2012, to determine whether the travel qualifies as brief, casual and innocent. (See Chart #2.)
CAUTION: You should be aware that if you have been ordered deported or removed, and you then leave the United States, your departure will likely mean you are considered deported or removed, with potentially serious future immigration consequences.
Q59: If my case is deferred under DACA, will I be able to travel outside of the United States?
A59: Not automatically. If we decide to defer action in your case and you want to travel outside the United States, you must apply for an advance parole document by filing Form I-131, Application for Travel Document, and paying the applicable fee. We will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, we will only issue an advance parole document if your travel abroad is for:

• Humanitarian purposes, including travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative;
• Educational purposes, such as semester abroad programs and academic research; or
• Employment purposes, such as overseas assignments, interviews, conferences or training, or meetings with clients overseas.

Travel for vacation is not a valid basis for advance parole.
Travel for educational purposes means travel affiliated with an institution that provides education as its primary purpose. The DACA recipient does not have to be enrolled in the institution that the program is affiliated with, but you must be enrolled in the program you will be traveling with.
You may not apply for an advance parole document unless and until USCIS approves your DACA request. If you are a current DACA recipient and submitting a renewal request, you may apply for advance parole at the same time to the separate filing address for advance parole requests. We will consider all advance parole requests on a case-by-case basis.
If USCIS has granted DACA under 8 CFR 236.21-236.25 after you have been ordered deported or removed, you may still request advance parole if you meet the guidelines for advance parole described above.
CAUTION: If you have been ordered deported or removed, before you actually leave the United States, you should seek to reopen your case before the EOIR and obtain administrative closure or termination of your removal proceeding. Even after you have asked EOIR to reopen your case, you should not leave the United States until after EOIR has granted your request. If you depart after being ordered deported or removed, and your removal proceeding has not been reopened and administratively closed or terminated, you may be considered deported or removed, with potentially serious future immigration consequences. If you have any questions about this process, you may contact ICE through the local ICE Office of the Principal Legal Advisor with jurisdiction over your case.
Q60: What happens to my DACA grant if I leave the United States without advance parole?
A60: CAUTION: When you leave the United States, you are no longer in a period of deferred action. DACA recipients who leave the United States without first obtaining an advance parole document run a significant risk of being unable to reenter the United States. We strongly encourage you to obtain an advance parole document before you leave to reduce the risk of being unable to return and resume DACA.
USCIS may terminate a grant of DACA, in its discretion and following issuance of a Notice of Intent to Terminate with an opportunity to respond, for DACA recipients who depart from the United States without first obtaining an advance parole document and subsequently enter the United States without inspection. See 8 CFR 236.23(d)(2). Generally, a recent entry without inspection will be a significant negative factor warranting termination of DACA as a threat to border security, but where there are exigent circumstances, such as accidental or involuntary border crossings, DHS may choose to continue exercising prosecutorial discretion and allow the grant of deferred action to continue.
DACA recipients who depart the United States without first obtaining advance parole but who are paroled into the United States may resume their DACA upon expiration of the period of parole.
Q61: Why does my advance parole document show a 1-day parole period?
A61: Your advance parole document may show a parole period of 1 day because it is to facilitate your reentry into the United States, at which time you will resume your current DACA validity period. This is different from the language on your advance parole document that authorizes a departure and reentry between specified dates. Please review your advance parole document carefully to understand the details of your travel authorization.
Q62: Do brief departures from the United States interrupt the continuous residence requirement?
A62: A brief, casual, and innocent absence from the United States will not interrupt your continuous residence. However, unauthorized travel outside of the United States on or after Aug. 15, 2012, will interrupt continuous residence, regardless of whether it was otherwise brief, casual, and innocent. Your absence from the United States will be considered brief, casual, and innocent if it was on or after June 15, 2007, and before Aug. 15, 2012, and:

1. The absence was short and reasonably calculated to accomplish the purpose for the absence;
2. The absence was not because of a post-June 15, 2007, order of exclusion, deportation, or removal;
3. The absence was not because of a post-June 15, 2007, order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and
4. The purpose of the absence and your actions while outside the United States were not contrary to law.

Once USCIS has approved your request for DACA, you may file Form I-131, Application for Travel Document, to request advance parole to travel outside of the United States.
CAUTION: If you travel outside the United States on or after Aug. 15, 2012, without authorization and subsequently enter without inspection, DHS will issue you a Notice of Intent to Terminate and may, barring exigent circumstances, terminate your deferred action under DACA in its discretion,
Travel Guidelines (Chart #2)Travel Dates
Type of Travel
Does It Affect Continuous Residence
On or after June 15, 2007, but before Aug. 15, 2012
Brief, casual and innocent
No
For an extended time
Because of an order of exclusion, deportation, voluntary departure, or removal
To participate in criminal activity
Yes
On or after Aug. 15, 2012, and before you have requested DACA
Any
Yes. You cannot apply for advance parole unless and until DHS has determined whether to defer action in your case, and you cannot travel until you receive advance parole.
In addition, if you have previously been ordered deported and removed and you depart the United States without taking additional steps to address your removal proceedings, your departure will likely mean you are considered deported or removed, with potentially serious future immigration consequences.
On or after Aug. 15, 2012, and after you have requested DACA
Any
On or after Aug. 15, 2012, and after receiving DACA
Any
It depends. If you travel after receiving advance parole, the travel will not interrupt your continuous residence. However, if you travel without authorization, the travel will interrupt your continuous residence.
Q63: May I file a request for advance parole concurrently with my DACA package?
A63: You may file your DACA renewal request and a request for advance parole at the same time. The filing addresses are different, so you must file the requests separately. USCIS may not concurrently adjudicate the 2 requests.
If you are filing an initial DACA request, you may not concurrently file an advance parole request.
Q64: Will USCIS expedite the processing of a DACA Form I-131 advance parole application currently pending with USCIS?
A64: USCIS considers all expedite requests on a case-by-case basis and generally requires documentation to support such requests. The decision to grant or deny an expedite request is within the sole discretion of USCIS.  Please visit the USCIS Policy Manual Chapter 5 - Requests to Expedite Applications or Petitions for more information and guidance on expedite requests.
Q65: What if I am experiencing an extremely urgent situation and have not filed my Form I-131 advance parole application?
A65:If you are experiencing an extremely urgent situation and need to travel within 90 days, you may request an emergency advance parole appointment at your local field office by contacting the USCIS Contact Center. You should bring the following items to your appointment:

• A completed and signed Form I-131, Application for Travel Document;
• The correct Form I-131 filing fee;
• Evidence to support the emergency request (such as medical documentation, death certificate, etc.); and
• 2 passport-style photos.

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V. Criminal ConvictionsQ66: If I have a conviction for a felony offense, a misdemeanor offense described in 8 CFR 236.22(b)(6), or multiple other misdemeanors, can I be granted DACA under 8 CFR 236.21-236.25?
A66: No. If you have been convicted of a felony offense, a misdemeanor offense described in 8 CFR 236.22(b)(6), or 3 or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, we will not consider you for DACA under 8 CFR 236.21-236.25.
Q67: What offenses qualify as a felony?
A67: A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding 1 year.
A single conviction for a felony offense is disqualifying for purposes of DACA.
Q68: What offenses constitute disqualifying misdemeanors (as described at 8 CFR 236.22(b)(6)) for purposes of DACA?
A68: For purposes of DACA, a misdemeanor (as described at 8 CFR 236.22(b)(6)) is a misdemeanor as defined by federal law (specifically, a misdemeanor for which the maximum term of imprisonment authorized is 1 year or less but greater than 5 days) that meets the following criteria:

1. Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence; or
2. If not an offense listed above, is an offense for which you were sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and does not include a suspended sentence.

The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by ICE.
A single conviction for a misdemeanor offense as described above is disqualifying for purposes of DACA.
A single misdemeanor conviction that is not a misdemeanor as described at 8 CFR 236.22(b)(6) is not per se disqualifying for DACA purposes. However, we may consider such offenses in the totality of circumstances to determine whether a DACA requestor merits a favorable exercise of prosecutorial discretion.
Notwithstanding the above, the decision whether to defer action in a particular case is an individualized, discretionary decision that takes into account all the circumstances. The absence of any misdemeanor convictions as described in 8 CFR 236.22(b)(6) is not necessarily determinative, but it is a factor we will consider when we exercise our discretion.
Q69: What offenses constitute “other misdemeanors” at 8 CFR 236.22(b)(6))?
A69: For purposes of 8 CFR 236.22(b)(6), an “other misdemeanor” is any misdemeanor as defined by federal law (specifically, a misdemeanor for which the maximum term of imprisonment authorized is 1 year or less but greater 5 days) that meets the following criteria:

1. Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence; and
2. Is an offense for which the individual was sentenced to time in custody of 90 days or less. The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by ICE.

Three or more convictions of “other misdemeanors” not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct are disqualifying for purposes of DACA.
The decision to defer action in a particular case is an individualized, discretionary decision that takes into account all the circumstances. The absence of three or more convictions of “other misdemeanors”  is not necessarily determinative, but it is a factor we will consider when we exercise our discretion.
A single misdemeanor conviction that is not a misdemeanor as described at 8 CFR 236.22(b)(6) is not per se disqualifying for DACA purposes. However, we may consider such offenses in the totality of circumstances to determine whether a DACA requestor merits a favorable exercise of prosecutorial discretion.
Q70: If I have a minor traffic offense, such as driving without a license, will it be considered a misdemeanor that counts towards the “3 or more other misdemeanors” and make me unable to receive consideration for an exercise of prosecutorial discretion under 8 CFR 236.21-236.25?
A70: We will not consider a minor traffic offense a misdemeanor for purposes of 8 CFR 236.22(b)(6), and it is not per se disqualifying for DACA purposes. However, we can consider your entire offense history along with other facts to determine whether, under the totality of the circumstances, you warrant a favorable exercise of prosecutorial discretion.
It is important to emphasize that driving under the influence is a disqualifying misdemeanor as described at 8 CFR 236.22(b)(6), regardless of the sentence imposed.
Q71: What qualifies as a national security or public safety threat?
A71: If the background check or other information uncovered during the review of your request for deferred action indicates that your presence in the United States threatens public safety or national security, we will not grant your DACA request. Indicators that you pose such a threat include, but are not limited to, gang membership, participation in criminal activities, or participation in activities that threaten the United States.
Q72: Will offenses criminalized as felonies or misdemeanors by state immigration laws be considered disqualifying convictions for purpose of DACA?
A72: No. Under 8 CFR 236.22(b)(6), convictions under state laws (including U.S. territories) for immigration-related offenses are not considered convictions for purposes of DACA.
Q73: Will USCIS consider my expunged conviction or juvenile delinquency adjudication as a disqualifying conviction for purposes of DACA?
A73: No. Under 8 CFR 236.22(b)(6), we do not consider expunged convictions and juvenile delinquency adjudications disqualifying convictions for purposes of DACA. However, we will assess expunged convictions and juvenile delinquency adjudications on a case-by-case basis to determine whether, under the particular circumstances, you present a national security or public safety concern and a favorable exercise of prosecutorial discretion is otherwise warranted. If you were a juvenile, but tried and convicted as an adult, we will not consider your conviction a juvenile delinquency adjudication.
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VI. MiscellaneousQ74: Can USCIS terminate my DACA grant?
A74: DHS may seek to terminate a grant of DACA at any time in its discretion. However, in most cases USCIS will provide DACA recipients with a Notice of Intent to Terminate (NOIT), with an opportunity to respond, before termination. We have discretion to terminate without providing a DACA recipient a NOIT and opportunity to respond if you were convicted of a national security-related offense involving conduct described in 8 U.S.C. 1182(a)(3)(B)(iii), 1182(a)(3)(B)(iv), or 1227(a)(4)(A)(i), or an egregious public safety offense.
Q75: Does deferred action provide a path to permanent resident status (a Green Card) or citizenship?
A75: No. Deferred action is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship. Only Congress, acting through its legislative authority, can confer these rights.
Q76: Can I be considered for deferred action even if I do not meet the guidelines to be considered for DACA?
A76: The process at 8 CFR 236.21-236.25 is only for individuals who meet the specific guidelines for DACA. Other individuals may, on a case-by-case basis, request deferred action from USCIS or ICE in certain circumstances, consistent with longstanding practice.
Q77: How will ICE and USCIS handle cases involving individuals who do not satisfy the guidelines of this process but believe they may otherwise warrant an exercise of prosecutorial discretion?
A77: If USCIS determines that you do not satisfy the DACA guidelines at 8 CFR 236.22(b) or otherwise determines you do not warrant a favorable exercise of prosecutorial discretion, then we will decline to defer action in your case. If you are currently in removal proceedings, have a final order, or have a voluntary departure order, you may then request ICE consider whether to exercise prosecutorial discretion. Guidance on requests to ICE for prosecutorial discretion is available at ICE’s Prosecutorial Discretion webpage.
Q78: How should I fill out question 9 on Form I-765, Application for Employment Authorization?
A78. When you are filing a Form I-765 as part of a DACA request, question 9 is asking you to list those Social Security numbers that were officially issued to you by the Social Security Administration.
Q79: Is there supervisory review of decisions by USCIS under this process?
A79: Yes. USCIS has implemented a successful supervisory review process to ensure a consistent process for considering requests for DACA under 8 CFR 236.21-236.25.
Q80: Do USCIS personnel responsible for reviewing requests for DACA receive special training?
A80: Yes. USCIS personnel responsible for considering requests for consideration of DACA have received special training.
Q81: Must attorneys and accredited representatives who provide pro bono services to deferred action requestors at group assistance events file a Form G-28 with USCIS?
A81: Under 8 C.F.R. §§ 292.3 and 1003.102, practitioners are required to file Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, when they engage in practice in immigration matters before DHS, either in person or through the preparation or filing of any brief, application, petition, or other document. Under these rules, a practitioner who consistently violates the requirement to file a Form G-28 may be subject to disciplinary sanctions; however on Feb. 28, 2011, USCIS issued a statement indicating that it does not intend to initiate disciplinary proceedings against practitioners (attorneys and accredited representatives) based solely on the failure to submit a Form G-28 in relation to pro bono services provided at group assistance events. DHS is in the process of issuing a final rule, at which time this matter will be reevaluated.
Q82: When must an individual sign a Form I-821D as a preparer?
A82: Anytime someone other than the requestor prepares or helps fill out the Form I-821D, that individual must complete Part 5 of the form.
Q83: If I provide my employee with information regarding their employment to support a request for consideration of DACA, will that information be used for immigration enforcement purposes against me or my company?
A83: You may, as you determine appropriate, provide individuals requesting DACA with documentation which verifies their employment. This information will not be shared with ICE for civil immigration enforcement purposes under section 274A of the Immigration and Nationality Act (relating to unlawful employment) unless there is evidence of egregious violations of criminal statutes or widespread abuses.
Q84: Can I request consideration for deferred action under 8 CFR 236.21-236.25 if I live in the Commonwealth of the Northern Mariana Islands (CNMI)?
A84: Yes, in certain circumstances. The CNMI is part of the United States for immigration purposes and is not excluded from this process. However, because of the specific guidelines for consideration of DACA, individuals who have been residents of the CNMI are in most cases unlikely to meet the criteria at 8 CFR 236.22(b). You must, among other things, have come to the United States before your 16th birthday and have resided continuously in the United States since June 15, 2007.
Under the Consolidated Natural Resources Act of 2008, the CNMI became part of the United States for purposes of immigration law only on Nov. 28, 2009. Therefore, entry into, or residence in, the CNMI before that date is not entry into, or residence in, the United States for purposes of 8 CFR 236.22(b).
USCIS has used parole authority in a variety of situations in the CNMI to address particular humanitarian needs on a case-by-case basis since Nov. 28, 2009. If you live in the CNMI and believe that you meet the guidelines for consideration of deferred action under this process, except that your entry or residence to the CNMI took place entirely or in part before Nov. 28, 2009, USCIS is willing to consider your situation on a case-by-case basis for a grant of parole. If this situation applies to you, you should make an appointment  in Saipan to discuss your case with an immigration officer.
Q85: Will USCIS expedite the processing of my pending DACA request?
A85: USCIS considers all expedite requests on a case-by-case basis and generally requires documentation to support such requests. The decision to grant or deny an expedite request is within the sole discretion of USCIS. Please visit the USCIS Policy Manual Chapter 5 - Requests to Expedite Applications or Petitions for more information and guidance on expedite requests.
Evidence demonstrating the humanitarian need for expediting your DACA request may include, but is not limited to, evidence of loss of employment, disenrollment from an educational program, or medical or health-related emergencies.
USCIS continues to strongly recommend that you submit your DACA renewal requests between 120 and 150 days before your current period of DACA expires to minimize the risk of your DACA lapsing.
Q86: Someone told me if I pay them a fee, they can expedite my DACA request. Is this true?
A86: No. While practitioners may charge a fee for preparation of your DACA request, including a request to expedite, an attorney or accredited representative who guarantees faster processing by USCIS if you pay them a fee may be trying to scam you and take your money. Visit our Avoid Scams page to learn how you can protect yourself from immigration scams.
Although you may request that USCIS expedite processing of your DACA request, there is no fee to request expedited processing. Make sure you seek information about requests for consideration of DACA from official government sources such as USCIS or DHS. If you are seeking legal advice, visit our Find Legal Services page to learn how to choose a licensed attorney or accredited representative.
Q87: Am I required to register with the Selective Service?
A87:  Most male persons residing in the United States, who are ages 18 through 25, are required to register with Selective Service. Visit the Selective Service System website for more information.
Q88: How can I tell if an employer is discriminating against me because I am a DACA recipient?
A88: An employer may be engaging in discrimination if they:

• Demand that an employee show specific documents or ask for more or different documents than are required to complete Form I-9, Employment Eligibility Verification, or create an E-Verify case; or
• Reject documents from the Lists of Acceptable Documents that reasonably appear to be genuine and relate to the employee, including documentation showing work authorization because it has a future expiration date or because of an employee’s prior unauthorized status.

The Civil Rights Division of the U.S. Department of Justice has an office dedicated to ensuring that employers do not discriminate against individuals who are permitted to work in the United States. These include DACA recipients who have been granted work authorization. If you think your employer may be discriminating against you, contact the Immigrant and Employee Rights Section (IER) at 1-800-255-7688 (TDD for the deaf and hard of hearing: 1-800-237-2515).
For more information about unfair employment practices against DACA recipients, please read IER’s factsheet in English (PDF) or Spanish (PDF).
For additional resources and information about workers’ rights, visit the Department of Justice Reminders for DACA Recipients and Employers webpage.

U.S. Supreme Court Decision
On June 18, 2020, the U.S. Supreme Court ruled that the U.S. Department of Homeland Security (DHS) decision in 2017 to rescind the Deferred Action for Childhood Arrivals (DACA) program violated the Administrative Procedures Act (APA) because it was implemented without the required Notice and Comment and without publication of a final rule.
DACA Overview
Eligible DACA recipients were brought to the U.S. as young children and grew up without legal status. In 2012, DHS granted them deferred enforcement action and employment authorization. There are 700,000 DACA recipients in the U.S. See further below for our DACA eligibility checklist.
Challenges With Timely Renewal of Work Authorization for DACA Employees
One of the challenges of the DACA-based employment authorization document (EAD) is that DHS does not grant automatic continuing work authorization merely because an extension was timely filed. Instead, an employee whose work authorization is based on DACA must have their new plastic EAD work permit in their hand the day before their current work authorization expires, or they must be temporarily laid off. This has caused a lot of disruption for employers and DACA employees.
DHS does encourage DACA recipients to file their DACA and EAD renewal at least 150 days prior to expiration. However, agency processing delays have still resulted in unintended terminations. Once approved by DHS, both the Deferred Action status and work authorization will be approved for up to 2 years at a time.
DACA Checklist and Eligibility
Requirements

• Entered the United States before age 16 and before June 15, 2007.
• Entered without inspection or did not have legal immigration status as of June 15, 2012.
• Continually physically present in the United States for at least five years as of June 15, 2012.
• Under age 31 as of June 15, 2012 (can file later as long as the age requirement was met as of this date).
• Be at least age 15 at time of application (there are some minor exceptions).
• Attending a U.S. high school, or graduated from a U.S. high school, or obtained a U.S. GED equivalent, or attending a career or vocational job training program, or honorable discharge from the U.S. military.
• Good moral character (and continuing beyond June 15, 2012).
• All criteria must have been met as of June 15, 2012.

In November 2019, the U.S. Supreme Court will hear arguments in the DACA cases. The decision should be released in June 2020.

When the current White House administration rescinded the Deferred Action for Childhood Arrivals (DACA) initiative in September 2017, hundreds of thousands of undocumented immigrants were thrown into limbo. Eventually, multiple court challenges over the lawfulness of the termination led to preliminary injunctions that allowed DACA recipients to renew their protections. Now, on November 12, the U.S. Supreme Court will hear arguments in those cases.

Through near-monthly public data releases by U.S. Citizenship and Immigration Services (USCIS), as well as data filed as evidence in one of the cases--Regents of the University of California, et al. v. U.S. Department of Homeland Security, et al.—the Center for American Progress has tracked renewal applications and adjudications since January 2018, when renewals reopened. 

As of September 30, 2019, 652,880 individuals held DACA status. Meanwhile, an additional 11,040 individuals with expired DACA had renewal applications pending review with USCIS—a number that has held within 2,000 since February. However, though their applications are pending, these individuals do not have protection from deportation and work authorization.

Supreme Court’s decision window.

The months between now and June 2020—by when a decision by the U.S. Supreme Court is likely to be issued—are a critical time period for DACA recipients. Though multiple lower courts have ruled in support of DACA, there is no guarantee of the Supreme Court outcome or what it will mean for DACA recipients’ ability to renew their protections moving forward. 

On November 8, 2018, Ninth Circuit Court of Appeals upheld federal DACA program established in 2012. Therefore, DACA law is still a valid law. The 9th Circuit decision preserves the status quo for the moment and will require the administration to continue accepting DACA renewal applications.
​
The 9th Circuit Court of Appeals ruled that Trump’s decision to phase out the Obama-era DACA program, which allows roughly 700,000 undocumented immigrants brought to the U.S. as children to obtain work permits and protects them from deportation, was likely “arbitrary, capricious, or otherwise not in accordance with law.”

​Read more here. 

On June 28, 2018, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities of the Department of Homeland Security.
​
A Notice to Appear (NTA) is a document given to a foreign national that instructs them to appear before an immigration judge on a certain date.

The issuance of an NTA commences removal proceedings against the foreign national. Under the new guidance, USCIS officers will now issue an NTA for a wider range of cases where the individual is removable and there is evidence of fraud, criminal activity, or where an applicant is denied an immigration benefit and is unlawfully present in the United States.

Deferred Action for Childhood Arrivals (DACA) recipients and requestors are exempted from this updated guidance when: (1) processing an initial or renewal DACA request or DACA-related benefit request; or (2) processing a DACA recipient for possible termination of DACA. As explained in the concurrently issued DACA-specific guidance, USCIS will continue to apply the 2011 NTA guidance to these cases. USCIS will also continue to follow the existing DACA information-sharing policy regarding any information provided by a DACA requestor in a DACA request or DACA-related benefit request.

USCIS, along with ICE and CBP, has legal authority under current immigration laws to issue NTAs. New USCIS Policy Memorandum updates the guidelines USCIS officers use to determine when to refer a case to ICE or to issue an NTA.

​The revised policy generally requires USCIS to issue an NTA in the following categories of cases in which the individual is removable:

• Cases where fraud or misrepresentation is substantiated, and/or where an applicant abused any program related to the receipt of public benefits. USCIS will issue an NTA even if the case is denied for reasons other than fraud.
• Criminal cases where an applicant is convicted of or charged with a criminal offense, or has committed acts that are chargeable as a criminal offense, even if the criminal conduct was not the basis for the denial or the ground of removability. USCIS may refer cases involving serious criminal activity to ICE before adjudication of an immigration benefit request pending before USCIS without issuing an NTA.
• Cases in which USCIS denies a Form N-400, Application for Naturalization, on good moral character grounds because of a criminal offense.
• Cases in which, upon the denial of an application or petition, an applicant is unlawfully present in the United States.

The revised policy does not change the USCIS policy for issuing an NTA in the following categories:

• Cases involving national security concerns;
• Cases where issuing an NTA is required by statute or regulation;
• Temporary Protected Status (TPS) cases, except where, after applying TPS regulatory provisions, a TPS denial or withdrawal results in an individual having no other lawful immigration status;
• DACA recipients and requestors when: (1) processing an initial or renewal DACA request or DACA-related benefit request; or (2) processing a DACA recipient for possible termination of DACA.

Under separate policy guidance issued concurrently, USCIS officers will continue to apply PM 602-0050, Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens, dated November 7, 2011, to the issuance of NTAs and Referrals to ICE for DACA recipients and requestors.

New memo 1 ,general NTAs, and memo 2, DACA NTAs (both issued on June 28, 2018).

Under new June 28 2018 USCIS policy memo, USCIS will issue a Notice to Appear or NTA on its own initiative without referral to ICE, and place individuals in removal or deportation proceedings in immigration court upon denial of an application, if a person is deemed removable on the date of denial.

It will affect many people on H-1B work visa, their spouses, foreign students on F-1 student visa. This new policy will further backlog our immigration courts, and can result in more people becoming inadmissible and requiring waivers if applying for a visa at the U.S. embassy or consulate.

Briefly in Russian:

В соответствии с новыми правилами, опубликованными USCIS 28 июня 2018, Иммиграционная служба США будет передавать дела в иммиграционный суд и выдавать повестки в суд сами, без участия иммиграционной полиции ICE. Такие повестки в суд на депортацию будут выдаваться после отказа в заявлении поданном в USCIS, если заявитель потерял легальный статус на момент получения отказа. Ожидается, что суды станут еще более перегружены, и многие иностранные студенты F-1 student visa, и люди на рабочих визах H-1B получат повестки на депортацию, что ранее было крайне редко. 

#USCIS #ICE #NTA #NoticetoAppear #immigration #immigrant #immigrationcourt #deportation #removal

In the second injunction that blocks the Trump administration efforts to end DACA, Judge Nicholas Garaufis of the Eastern District of New York on Feb. 13, 2018 ordered U.S. Citizenship and Immigration Services to accept certain DACA applications while litigation continues.

The ordered relief mirrors the preliminary injunction issued by Judge William Haskell Alsup in the Northern District of California on Jan. 9. It required USCIS to resume accepting DACA renewal applications from people who had previously been granted that relief. This second nationwide injunction similarly requires the Department of Homeland Security to maintain the DACA program on the same terms and conditions that existed before the administration on Sept. 5, 2017, issued a memo to rescind DACA, with the following exceptions:

• DHS need not consider new applications from individuals who have never before held DACA
• DHS is not required to provide advance parole to DACA beneficiaries
• DHS retains the discretion to adjudicate DACA renewal requests on a case-by-case, individualized basis.

The Department of Justice  has requested that the U.S. Supreme Court review Alsup’s order on its merits, bypassing the usual process of appealing to 9th U.S. Circuit Court of Appeals. As early as Feb. 16, 2018, the Supreme Court could announce a decision to review the injunction.

While the injunctions remain in place, USCIS has advised people who have previously received DACA that they may request renewal by filing the following forms:

• Form I-821D
• Form I-765, and
• I-765 Worksheet

Applicants whose DACA expired on or after Sept. 5, 2016 may file as renewal requestors. Applicants who previously held DACA and whose DACA expired before Sept. 5, 2016 may file as initial requestors. Applications from those who have never received DACA will be NOT be accepted, nor will applications requesting advance parole.

DACA policy will be operated on the terms in place before Sept. 5, 2017.

On January 9, 2018, a federal judge in San Francisco, CA temporarily blocked the Trump administration from ending the Deferred Action for Childhood Arrivals (DACA) program that protects certain immigrants from deportation. The decision applies NATIONWIDE.
​
Judge said the Obama-era program must remain in place while litigation over Trump’s decision to end the program is pending. In a court ruling, Judge W. Alsup said the Department of Homeland Security's "decision to rescind DACA was based on a flawed legal premise."

Judge ordered USCIS to publish new DACA renewal instructions on their website, and start accepting applications.
​
As a result of this court ruling, DACA grantees can renew expired DACA, but can't file a new DACA.
(1) DACA recipients who failed to renew their status by the last year’s deadline can submit renewal applications. It is better to wait for the instructions from USCIS, to avoid any possible erroneous denial or rejection by a USCIS employees. 
(2) The decision does not, however, allow new applications to be submitted.

Read an advisory here.

In Russian:  

9 января 2018 федеральный судья вынес решение о том, что президент превысил свои полномочия, когда 5 сентября 2017 отменил иммиграционную программу ДАКА / DACA для молодежи, кого привезли в США в детстве и кто вырос в США, но не имеет ни грин карты, ни гражданства. 

Судья приказал Департаменту госбезопасности (DHS - USCIS) опубликовать инструкции и порядок подачи заявлений на продление ДАКА статуса и получение разрешения на работу через ДАКА. Судья приказал USCIS начать прием заявлений немедленно, и опубликовать новые инструкции. 

Лучше всего будет дождаться выхода официальных инструкций на вебсайте USCIS, скорее всего на следующей неделе, чтобы избежать ошибочного отказа. Хотя некоторые адвокаты советуют, что подавать заявление можно уже сейчас, так как судья временно приостановил действие указа президента в отношении DACA, и приказал USCIS игнорировать решение от отмене DACA как незаконное, и возобновить прием заявлений.

Что можно -- подать заявление на продление - DACA renewal.
Что нельзя -- подать новое заявление (new DACA application), или заявление на advance parole (travel document).

USCIS rejected approx. 4,000 timely-filed DACA renewal applications for being late, for missing October 5, 2017 deadline, due to USPS (post office) delays.

USCIS decided to accept the delayed and rejected applications, provided that the resubmissions include “individualized proof” that the applications were originally mailed in a timely matter and that the delivery delay was because of USPS error.

DHS Secretary did not explain what constitutes "proof of timely filing" (further instructions will be posted on USCIS website soon). Applicants who do not have such documentation can contact USPS to review their cases. Post Office will provide applicants with letters to submit to USCIS with the resubmissions, if appropriate.

USCIS also discovered that it rejected some timely-filed DACA applications in error (applications were received at PO Box address on time), and will reach out to those applicants to advise them to resubmit their applications. Those not contacted by the USCIS who believe their applications were erroneously rejected may also resubmit their applications with proof that their applications were received timely at the designated filing location.

Read here.

The Omaha City Council (Omaha, Nebraska) approved a resolution today, on October 17, 2017, urging the U.S. Congress to act swiftly to protect "Dreamers", students protected by DACA (Deferred Action for Childhood Arrivals program).

The vote was 5-0, with two council members not voting.
​
Nebraska Republican Congressman Don Bacon submitted a letter in support of the resolution, saying he is committed to protecting law-abiding DACA youth from deportation.

This is good news for Omaha area DACA protected young people whose protection is set to expire on March 6, 2018, six months after September 6, 2017 announcement by the White House of their rescission of DACA program.

Briefly in Russian:

Городской совет города Омаха штата Небраска единогласно проголосовал сегодня за то, чтобы ходатайствовать Конгресс США о восстановлении недавно отмененной программы DACA, которая предоставляла защиту от депортации, разрешение на работу, номер соцстрахования, возможность получить водительские права молодежи, которые называются "Мечтатели", Dreamers. Президент отменил эту программу 6 сентября 2017, и дата закрытия программы 6 марта 2018.

Это хорошие новости для молодежи в городе Омаха, у которых был или есть статус DACA.

#DACA #Dreamers #Nebraska #Omaha

Read here.

In light of September 5th 2017 announcement rescinding DACA program, the National Immigration Law Center and United We Dream have published a new updated FAQ about DACA and Employment which can be found here. (5-page pdf file).

These guidance specifically addresses many questions about DACA recipient's employment authorization.

​

On September 5, 2017, on behalf of the President and current White House administration, the U.S. Attorney General formally announced the end by rescission of the 2012 immigration deferred action program known as Deferred Action for Childhood Arrivals ("DACA").

DACA did not confer any legal immigration status nor it was a path to the U.S. citizenship. DACA provided protection from deportation and work permits and advance parole/travel documents to approximately 800,000 young, undocumented immigrants brought to the U.S. as children from deportation and provided them with legal work authorization. his is disheartening to youth who have contributed so much both economically and culturally.
​
The U.S. Department of Homeland Security ("DHS") and USCIS will stop processing any initial DACA accepted at the USCIS office after September 5, 2017.

Any applications already accepted by this date will be processed. DHS/USCIS indicated that current beneficiaries of DACA will not be impacted before March 5, 2018, so "Congress can have time to deliver on appropriate legislative solutions."

DHS has also announced that it plans to continue to accept DACA renewal applications for any DACA beneficiary whose status expires between September 5, 2017 and March 5, 2018, so long as these applications are accepted by October 5, 2017. Any applications received after October 5 will be rejected. 

Note: if your DACA work permit expires after March 5th 2018, you will not be able to renew it for additional two years, as those who can apply to renew IF their work permit expires before March 5th 2018.

In addition, DACA recipients whose valid employment authorization document is lost, stolen or destroyed may still request a replacement through the normal process.

Important: USCIS will no longer adjudicate advance parole request associated with DACA, any applications for advance parole that are currently pending will be administratively closed and filing fees refunded.

US Citizenship and Immigration Services says that information provided in support of the application will not be proactively provided to Immigration and customs Enforcement (ICE) or to Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings, unless the requestor meets the criteria for the issuance of a Notice to Appear or a referral to ICE. However, a DHS spokesman stated that if Congress does not act, then DACA beneficiaries would be treated as any other person who is in the country illegally, and therefore, subject to deportation or removal.

Additionally, all of the information provided to the government by DACA applicants will remain in the DHS system.

DHS has provided a Frequency Asked Questions webpage .

Briefly in Russian:

5 сентября 2017 Генеральный прокурор США заявил об окончании федеральной программы ДАКА, которая вступила в силу в 2012 году во время предыдущей администрации. По этой программе около 800,000 молодых людей получили разрешение на работу, поездки за границу и временную защиту от депортации.

ДАКА заявления поданные до 5 сентября 2017 будут рассмотрены, и утверждены, если соответствуют требованиям программы.

Заявления на продление разрешения на работу, находящиеся на рассмотрении на 5 сентября 2017, также будут рассмотрены.

Заявления на продление разрешения на работу, которое истекает между 5 сентября 2017 и 5 марта 2018, будут приняты и рассмотрены, если заявление на продление получено в иммиграционной службе ДО 5 октября 2017. То есть остался только месяц!

Помните, что если ваше разрешение на работу истекает после 5 марта 2018, вы уже не сможете его продлить на два года, как те, у кого они истекает до 5 марта 2018.

Заявления на разрешение на поездки за границу (advance parole) рассматриваться и утверждаться не будет.

Правительство заявило, что информация о молодых людях, подавших заявление ДАКА, не будет передаваться в соответствующие органы на депортацию (пока), но в будущем, если Конгресс не примет нового закона о защите иммигрантской молодежи, иммиграционная служба будет рекомендовать их на депортацию, так же как и всех других категорий лиц, проживающих в США нелегально.

Вопросы и ответы можно почитать тут.

DACA: CURRENT STATUS AND OPTIONS as of March 1, 2017

The Deferred Action for Childhood Arrivals (DACA) program is still available and the government is still accepting and approving DACA initial and renewal applications. However, the program could be terminated at any time.

As a result, the information in this document could change so always stay up to date.

At this time, DACA should continue to provide you the same benefits–protection from deportation, work authorization and more.

However, even if you have DACA, immigration authorities may detain you and terminate your DACA if you, after receiving a DACA grant:
 are arrested or convicted for any criminal offense,
 admit to any criminal offense,
 are determined to pose a threat to public safety or national security,
 admit to fraud in connection with a government agency (such as use of a false social security number), or
 admit to gang affiliation.

According to DHS, if you disclosed the above information in previous DACA applications and your case was approved, you will continue to hold DACA.

If you failed to disclose any criminal history in your application or experience new criminal issues after receiving DACA, you should speak to an attorney as you may be at risk.

Initial DACA Applications – Recommended Only With Attorney Representation

Applying for DACA for the first time presents both benefits and risks. You should only apply after consulting with an attorney and considering the risks and benefits of your case. Be sure to have an attorney help you prepare your application. Prior criminal, immigration, fraud or gang issues could be particularly risky.

Be sure to consult an expert before applying if you have:
 previous criminal arrests or charges (even without a conviction);
 any type of criminal conviction (including either misdemeanors or felonies);
 any history of fraud related to a government agency (such as use of a false social security number); or  been deported or been ordered deported from the United States before.

Initial applications may take anywhere from a few weeks to several months to be processed. If a new application is not approved before the DACA program is changed or terminated, you may lose your application $495 fee. Furthermore, you risk exposure to immigration authorities by sending them your personal data. If pending federal legislation (the BRIDGE Act) passes to replace DACA, you may be eligible for another, less risky opportunity to be protected from deportation and receive a work permit. 

See DACA guide updated on 03/01/2017 here.

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​On February 20 and 21, 2017, DHS USCIS had published several Memorandums, Fact Sheets and Q&As at their official website, explaining changed border and interior immigration policies and priorities, following the executive branch's January 2017 executive orders. 

Two USCIS Memorandums, both dated February 20, 2017, and signed by the DHS Secretary John Kelly, authorize CBP, ICE and USCIS to significantly increase interior and border enforcement efforts:

Border protection and enforcement, building the wall and hiring at least 10,000 more ICE agents; expedited removal will apply to a broader class of undocumented immigrants; changes to asylum application process and credible fear interview, intended to make it more difficult to get a grant of asylum; criminal sanctions for parents of unaccompanied children; anyone present in USA without a proper visa or status will be subject to deportation; changing old DHS removal priorities from criminal aliens to all undocumented aliens; DACA grantees are safe from deportation at present time.

• Implementing the President's Border Security and Immigration Enforcement Improvements Policies
• Enforcement of the Immigration Laws to Serve the National Interest
• Fact Sheet: Executive Order: Border Security and Immigration Enforcement Improvements
• Fact Sheet: Enhancing Public Safety in the Interior of the United States
• Q&A: DHS Implementation of the Executive Order on Border Security and Immigration Enforcement
• Q&A: DHS Implementation of the Executive Order on Enhancing Public Safety in the Interior of the United States

Actions (Fact Sheet, 02/21/2017, Executive Order: Border Security and Immigration Enforcement Improvements ):

• Enforcing the law. Under this executive order, with extremely limited exceptions, DHS will not exempt classes or categories of removal aliens from potential enforcement. All of those in violation of the immigration laws may be subject to enforcement proceedings, up to and including removal from the United States. The guidance makes clear, however, that ICE should prioritize several categories of removable aliens who have committed crimes, beginning with those convicted of a criminal offense. 
• Establishing policies regarding the apprehension and detention of aliens. U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) will release aliens from custody only under limited circumstances, such as when removing them from the country, when an alien obtains an order granting relief by statute, when it is determined that the alien is a U.S. citizen, legal permanent resident, refugee, or asylee, or that the alien holds another protected status, when an arriving alien has been found to have a credible fear of persecution or torture and the alien satisfactorily establishes his identity and that he is not a security or flight risk, or when otherwise required to do so by statute or order by a competent judicial or administrative authority.
• Hiring more CBP agents and officers. CBP will immediately begin the process of hiring 5,000 additional Border Patrol agents, as well as 500 Air & Marine agents and officers, while ensuring consistency in training and standards.
• Identifying and quantifying sources of aid to Mexico. The President has directed the heads of all executive departments to identify and quantify all sources of direct and indirect federal aid or assistance to the government of Mexico. DHS will identify all sources of aid for each of the last five fiscal years.
• Expansion of the 287(g) program in the border region. Section 287(g) of the INA authorizes written agreements with a state or political subdivision to authorize qualified officers or employees to perform the functions of an immigration officer. Empowering state and local law enforcement agencies to assist in the enforcement of federal immigration law is critical to an effective enforcement strategy, and CBP and ICE will work with interested and eligible jurisdictions.
• Commissioning a comprehensive study of border security. DHS will conduct a comprehensive study of the security of the southern border (air, land, and maritime) to identify vulnerabilities and provide recommendations to enhance border security. This will include all aspects of the current border security environment, including the availability of federal and state resources to develop and implement an effective border security strategy that will achieve complete operational control of the border.
• Constructing and funding a border wall. DHS will immediately identify and allocate all sources of available funding for the planning, design, construction, and maintenance of a wall, including the attendant lighting, technology (including sensors), as well as patrol and access roads, and develop requirements for total ownership cost of this project.
• Expanding expedited removal. The DHS Secretary has the authority to apply expedited removal provisions to aliens who have not been admitted or paroled into the United States, who are inadmissible, and who have not been continuously physically present in the United States for the two-year period immediately prior to the determination of their inadmissibility, so that such aliens are immediately removed unless the alien is an unaccompanied minor, intends to apply for asylum or has a fear of persecution or torture in their home country, or claims to have lawful immigration status. To date, expedited removal has been exercised only for aliens encountered within 100 air miles of the border and 14 days of entry, and aliens who arrived in the United States by sea other than at a port of entry. The Department will publish in the Federal Register a new Notice Designating Aliens Subject to Expedited Removal Under Section 235(b)(1)(a)(iii) of the Immigration and Nationality Act that expands the category of aliens subject to expedited removal to the extent the DHS Secretary determines is appropriate, and CBP and ICE are directed to conform the use of expedited removal procedures to the designations made in this notice upon its publication.
• Returning aliens to contiguous countries. When aliens apprehended do not pose a risk of a subsequent illegal entry, returning them to the foreign contiguous territory from which they arrived, pending the outcome of removal proceedings, saves DHS detention and adjudication resources for other priority aliens.  CBP and ICE personnel shall, to the extent lawful, appropriate and reasonably practicable, return such aliens to such territories pending their hearings.
• Enhancing Asylum Referrals and Credible Fear Determinations. U.S. Citizenship and Immigration Services (USCIS) officers will conduct credible fear interviews in a manner that allows the interviewing officer to elicit all relevant information from the alien as is necessary to make a legally sufficient determination. USCIS will also increase the operational capacity of the Fraud Detection and National Security Directorate.
• Allocating resources and personnel to the southern border for detention of aliens and adjudication of claims. CBP and ICE will allocate available resources to expand detention capabilities and capacities at or near the border with Mexico to the greatest extent practicable. CBP will focus on short-term detention of 72 hours or less; ICE will focus on all other detention capabilities.
• Properly using parole authority. Parole into the United States will be used sparingly and only in cases where, after careful consideration of the circumstances, parole is needed because of demonstrated urgent humanitarian reasons or significant public benefit. Notwithstanding other more general implementation guidance, and pending further review by the Secretary and further guidance from the Director of ICE, the ICE policy directive with respect to parole for certain arriving aliens found to have a credible fear of persecution or torture shall remain in full force and effect.
• Processing and treatment of unaccompanied alien minors encountered at the border. CBP, ICE, and USCIS will establish standardized review procedures to confirm that alien children who are initially determined to be unaccompanied alien children continue to fall within the statutory definition when being considered for the legal protections afforded to such children as they go through the removal process.
• Putting into place accountability measures to protect alien children from exploitation and prevent abuses of immigration laws. The smuggling or trafficking of alien children into the United States puts those children at grave risk of violence and sexual exploitation.  CBP and ICE will ensure the proper enforcement of our immigration laws against those who facilitate such smuggling or trafficking.
• Prioritizing criminal prosecutions for immigration offenses committed at the border. To counter the ongoing threat to the security of the southern border, the directors of the Joint Task Forces-West, -East, and -Investigations, as well as the ICE-led Border Enforcement Security Task Forces (BESTs), are directed to plan and implement enhanced counter-network operations directed at disrupting transnational criminal organizations, focused on those involved in human smuggling.
• Public Reporting of Border Apprehensions Data. In order to promote transparency, CBP and ICE will develop a standardized method for public reporting of statistical data regarding aliens apprehended at or near the border for violating the immigration law.

Actions (Fact Sheet, 02/21/2017: Enhancing Public Safety in the Interior of the United States)

• Enforcing the law. Under this executive order, with extremely limited exceptions, DHS will not exempt classes or categories of removal aliens from potential enforcement. All of those in violation of the immigration laws may be subject to enforcement proceedings, up to and including removal from the United States. The guidance makes clear, however, that ICE should prioritize several categories of removable aliens who have committed crimes, beginning with those convicted of a criminal offense. 
• The Department’s Enforcement Priorities. Congress has defined the Department’s role and responsibilities regarding the enforcement of the immigration laws of the United States. Effective immediately, and consistent with Article II, Section 3 of the U.S. Constitution and Section 3331 of Title 5, U.S. Code, Department personnel shall faithfully execute the immigration laws of the United States against all removable aliens. 
• Strengthening Programs to Facilitate the Efficient and Faithful Execution of the Immigration Laws of the United States. Facilitating the efficient and faithful execution of the immigration laws of the United States—and prioritizing the Department’s resources—requires the use of all available systems and enforcement tools by Department personnel.
• Exercise of Prosecutorial Discretion. Unless otherwise directed, Department personnel may initiate enforcement actions against removable aliens encountered during the performance of their official duties. Department personnel should act consistently with the President’s enforcement priorities as identified in his executive order and any further guidance issued by the director of ICE, the commissioner of CBP, and the director of USCIS prioritizing the removal of particularly dangerous aliens, such as convicted felons, gang members, and drug traffickers.
• Establishing the Victims of Immigration Crime Engagement (VOICE) Office. The Victims of Immigration Crime Engagement (VOICE) Office within the Office of the Director of U.S. Immigration and Customs Enforcement (ICE) will create a programmatic liaison between ICE and the known victims of crimes committed by removable aliens. The liaison will facilitate engagement with the victims and their families to ensure, to the extent permitted by law, that they are provided with information about the offender, including the offender’s immigration status and custody status, and that their questions and concerns regarding immigration enforcement efforts are addressed.
• Hiring Additional ICE Officers and Agents. To effectively enforce the immigration laws in the interior of the United States in accordance with the president’s directives, additional ICE agents and officers are necessary. The director of ICE shall—while ensuring consistency in training and standards—take all appropriate action to expeditiously hire 10,000 agents and officers, as well as additional mission support and legal staff necessary to support their activities.
• Establishment of Programs to Collect Authorized Civil Fines and Penalties. As soon as practicable, the director of ICE, the commissioner of U.S. Customs and Border Protection (CBP), and the director of U.S. Citizenship and Immigration Services (USCIS) shall issue guidance and promulgate regulations, where required by law, to ensure the assessment and collection of all fines and penalties for which the Department is authorized under the law to assess and collect from removable aliens and from those who facilitate their unlawful presence in the United States.
• Aligning the Department’s Privacy Policies with the Law. The Department will no longer afford Privacy Act rights and protections to persons who are neither U.S. citizens nor lawful permanent residents. 
• Collecting and Reporting Data on Alien Apprehensions and Releases. The collection of data regarding aliens apprehended by ICE and the disposition of their cases will assist in the development of agency performance metrics and provide transparency in the immigration enforcement mission.
• No Private Right of Action. This document provides only internal DHS policy guidance, which may be modified, rescinded, or superseded at any time without notice.

QUESTIONS & ANSWERS.

Q20: How does the expansion of expedited removal account for those who may be eligible for immigration benefits?
A20: The Secretary’s intentions regarding expedited removal are under development and will be set forth and effective upon publication of a notice in the Federal Register.
Q21: How soon will DHS make changes to more closely align its use of the expedited removal authority with Congressional intent?
A21: DHS is working to issue appropriate parameters in which expedited removal in these kinds of cases will be used.

Q22: Is it true that DHS is going to make the threshold for meeting credible fear in asylum cases more difficult to meet?
A22: The goal of DHS is to ensure the asylum process is not abused. Generally speaking, to establish a credible fear of persecution, an alien must demonstrate that there is a “significant possibility” that the alien could establish eligibility for asylum, taking into account the credibility of the statements made by the alien in support of the claim and such other facts as are known to the officer.
Asylum officers are being directed to conduct credible fear interviews in a manner that allows the interviewing officer to elicit all relevant information from the alien as is necessary to make a legally sufficient determination. In determining whether the alien has demonstrated a significant possibility that the alien could establish eligibility for asylum or torture protection, the asylum officer shall consider the statements of the alien and determine the credibility of the alien’s statements made in support of his or her claim and shall consider other facts known to the officer, consistent with the statute.

Q23: How will the enhancements to asylum referrals and credible fear determinations under INA section 235(b)(1) affect the work of USCIS?
A23: The Secretary’s memorandum outlines several points:

• The director of USCIS shall ensure that asylum officers conduct credible fear interviews in a manner that allows the interviewing officer to elicit all relevant information from the alien as is necessary to make a legally sufficient determination.
• The director shall also increase the operational capacity of Fraud Detection and National Security (FDNS) and continue to strengthen its integration to support the Field Operations Directorate (FOD), Refugee Asylum and International Operations (RAIO), and Service Center Operations (SCOPS), consulting with Operational Policy and Strategy (OP&S) as appropriate.
• The USCIS director, CBP commissioner, and ICE director shall review their agencies’ fraud detection, deterrence, and prevention measures and report to the Secretary within 90 days regarding fraud vulnerabilities in the asylum and benefits adjudication processes, and propose measures to enhance fraud detection, deterrence, and prevention.
• The asylum officer, as part of making a credible fear finding, shall determine the credibility of statements made by the individual in support of his or her claim. This determination should include, but is not limited to, consideration of the statistical likelihood that the claim would be granted by the Department of Justice’s Executive Office for Immigration Review (EOIR).
• The asylum officer shall make a positive credible fear finding only after the officer has considered all relevant evidence and determined, based on credible evidence, that the alien has a significant possibility of establishing eligibility for asylum, or for withholding or deferral of removal under the Convention Against Torture, based on established legal authority.


• Q25: Is it true that in cases of UACs (unaccompanied children) who travel to the U.S. to reunite with a parent, if a parent is identified by ORR as an appropriate guardian, that parent could also be prosecuted for possibly having their child smuggled into the U.S.?

• A25: Correct. The parents and family members of these children, who are often illegally present in the United States, often pay smugglers several thousand dollars to bring their children into this country. Tragically, many of these children fall victim to robbery, extortion, kidnapping, sexual assault, and other crimes of violence by the smugglers and other criminal elements along the dangerous journey through Mexico to the United States. Regardless of the desires for family reunification, or conditions in other countries, the smuggling or trafficking of alien children is intolerable. Accordingly, DHS shall ensure the proper enforcement of our immigration laws against those who—directly or indirectly—facilitate the smuggling or trafficking of alien children into the United States. This includes placing parents or guardian who are removable aliens into removal proceedings, or referring such individuals for criminal prosecution, as appropriate.
  and report to the Secretary within 90 days regarding fraud vulnerabilities in the asylum and benefits adjudication processes, and propose measures to enhance fraud detection, deterrence, and prevention.

Q12: Will ICE still be hiring the 10,000 officers called for in the executive orders?
A12: ICE is currently developing a hiring plan.

Q13: What is the 287(g) program and how will it be used by ICE?A13: The 287(g) program allows local law enforcement agencies to participate as an active partner in identifying criminal aliens in their custody, and placing ICE detainers on these individuals. ... To strengthen the 287(g) program, ICE field leadership has begun examining local operational needs and liaising with potential 287(g) partners and will collaborate with CBP in these efforts. Existing 287(g) applications are also undergoing an expedited review process. 

Q14: Are 287(g) officers now going to do ICE’s job?A14: The 287(g) program, one of ICE’s top partnership initiatives, enables state and local law enforcement agencies to enter into a partnership with ICE, under a joint memorandum of agreement. The state or local entity receives delegated authority for immigration enforcement within their jurisdictions.

Q15: When will 287(g) task force agreements be available to local jurisdictions? Will these new task force agreements be modeled after the previously canceled task force model?A15: ICE and CBP will be  is developing a strategy to further expand the 287(g) Program, to include types of 287(g) programs, locations, and recruitment strategies.  ... Existing 287(g) applications are also undergoing an expedited review process. ...

Q16: How will ICE accommodate an immigration judge in each of its facilities? How about asylum officers?A16: ICE is working with the Department of Justice Executive Office for Immigration Review and U.S. Citizenship and Immigration Services to review current procedures and resources in order to identify efficiencies and best practices to improve the system. Most dedicated detention facilities already house immigration courts and have enough space to accommodate asylum officers. ICE is also seeking to increase the use of technology, mainly through the use of video teleconferencing, in locations with insufficient space or staffing.

Q&A: DHS Implementation of the Executive Order on Enhancing Public Safety in the Interior of the United States Release Date: February 21, 2017

Q2: How is ICE conducting interior enforcement operations based on this executive order?A2: Effective immediately, ICE will direct its personnel as well as its state and local partners through the 287(g) program to apply the enforcement priorities stated in Executive Order No. 13768. 
To that end, within 180 days, ICE will carry out a number of actions to implement the enforcement priorities stated in the executive order. Some of those actions include, but are not limited to, conducting targeted enforcement operations and allocating resources to work in jurisdictions with violent crime tied to gang activities.
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Q3: Does this new memoranda substantively change the authority of immigration enforcement officers throughout DHS to exercise traditional law enforcement discretion?A3: DHS officers and agents maintain discretion to determine which action(s) to take against removable aliens, but they have been provided with additional guidance by the president and secretary. 

Q5: What are ICE’s priorities under this executive order?A5: Under this Executive Order, ICE will not exempt classes or categories of removal aliens from potential enforcement. All of those in violation of the immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States. 

Q14: When is the Priority Enforcement Program (PEP) being terminated (Previous Administration's policy)?
A14: ICE has terminated the Priority Enforcement Program (PEP) and restored Secure Communities, directing its personnel to take enforcement action consistent with the priorities set forth in the executive orders. 

Q18: What threshold of abuse of a public benefit program will render someone removable?
A18: Those who have knowingly defrauded the government or a public benefit system will be priority enforcement targets.

Q22: Do these memoranda affect recipients of Deferred Action for Childhood Arrivals (DACA)?
A22: No. (Presently, new immigration enforcement policies do not affect DACA grantees. However, there have been recent arrests of DACA grantees)

UPDATE Following the court order, on Saturday, February 4, 2017, the DHS released the following statement:

"From the Department of Homeland Security (DHS):In accordance with the judge's ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, "Protecting the Nation from Foreign Terrorist Entry into the United States."
This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.
DHS personnel will resume inspection of travelers in accordance with standard policy and procedure.
At the earliest possible time, the Department of Justice intends to file an emergency stay of this order and defend the President's Executive Order, which is lawful and appropriate. The Order is intended to protect the homeland and the American people, and the President has no higher duty and responsibility than to do so.
For the latest information, please visit the DHS website: https://www.dhs.gov/news"

02/01/2017 UPDATE on so called Muslim ban executive order (List of 7 restricted countries: Iran, Iraq, Sudan, Syria, Somalia, Yemen & Libya):

USCIS

On February 2, 2017, the Acting Director of the USCIS confirmed that "...the Executive Order does not affect USCIS adjudication of applications and petitions filed for or on behalf of individuals in the United States, regardless of their country of nationality."

***The previous contrary statements issued by the USCIS and DHS officials are no longer valid.​***

This means that we can expect that all applications filed with USCIS in the United States by (the 7 countries) will be adjudicated.

In Russian:

​2 февраля 2017 USCIS Директор официально уведомил публику о том, что указ президента о лицах из семи мусульманских стран НЕ распространяется на заявления и петиции, поданные в пределах США в иммиграционную службу USCIS, даже если поданы заявителями из этих 7 стран. Это хорошие новости. Так как даже Asylum офис прекратил рассматривать эти заявления, но они начнут рассматривать заявления как и ранее после такого официального заявления.

P.S. ситуация меняется каждый день. Следует следить за официальными сообщениями.

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CBP

On February 1, 2017, the U.S. Customs & Border Protection (CBP) held a meeting with immigration attorneys in San Francisco, CA:

As reported by San Francisco immigration attorneys in attendance, the CBP provided the following explanations regarding executive order ban:

1) All U.S. Legal Permanent Residents will be let into the U.S. without waivers, as of yesterday (Wed., Feb. 1st) afternoon. This includes U.S. Legal Permanent Residents from the 7 banned countries. (Note: The INA - Immigration & Nationality Act is a federal statute. In Section 212 of the INA, it states that all U.S. Legal Permanent Residents have to be let into the U.S. So, CBP is now complying with the law on this.)

2) All dual citizens will be treated as if from the country they present themselves from (which passport they use). So, if someone has French Citizenship and Iranian Citizenship, and uses their French passport, they should be let into the U.S. If they use their Iranian passport, they will not be let into the U.S.

3) CBP confirmed that officers will search electronic devices and social media of anyone it wants more info. on. They called this one of their tools of investigation.

4) Advance Parole travel permits for DACA (Deferred Action for Childhood Arrivals) will be honored until they are told otherwise, unless it is an individual from 1 of the 7 banned countries.

5) CBP has not heard of and is not aware of any additional countries that will be added to the list of 7. (On 02/02/2017 the US Department of State also released a statement, saying that DoS has no information about any additional countries  being added to the List of 7.)

6) All U.S. Citizens, even with dual citizenship from restricted countries, will be let into the U.S.

7) Airlines have been given instructions by CBP on who to let board airplanes. This does not mean that some airline employees will bar people from boarding that should be allowed to board.

8) Anyone with a medical issue while in primary or secondary inspection will be attended to by paramedics and taken to the hospital if necessary. If inspection is not complete, a CBP officer will go with the individual to the hospital.

P.S. Situation is very fluid, and can change in the future. It's advisable to follow any official announcement by USCIS, CBP, ICE, Department of State.

​ ITIN GUIDE: Information and Updates About the IRS's Individual Tax Identification Number (ITIN)
was prepared by Educators for Fair Consideration (E4FC). The purpose of this guide is to provide information and updates about the IRS's Individual Taxpayer Identification Number (ITIN). 

Facts:

• An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service.

• The Internal Revenue Service (IRS) issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain, a Social Security number (SSN) from the Social Security Administration (SSA).

• ITINs allow individuals ineligible for an SSN to (1) report their earnings to the IRS, (2) open interest-bearing bank accounts with certain banks and, (3) conduct business in the U.S.

• The IRS issues ITINs regardless of immigration status, because both citizens and noncitizens may have a U.S. tax filing or reporting requirement under the Internal Revenue Code.

• ITINs are intended primarily to facilitate federal tax reporting. An ITIN does not authorize work in the U.S. or provide eligibility for Social Security benefits or the Earned Income Tax Credit.

This guide will walk readers through the initial application and renewal process. A separate guide discussing the use of ITINs to earn a living as an independent contractor and entrepreneur is currently being written and will be released in early January.

DOWNLOAD THE GUIDE HERE  http://www.e4fc.org/images/ITIN_Guide.pdf
http://www.e4fc.org/itinguide.html

QUESTIONS & ANSWERS:

Can undocumented individuals apply for an ITIN? Yes. Any individual not eligible for a SSN may apply and file for an ITIN.
Who is eligible to apply for ITIN? Individuals who identify with one the following categories may file for an ITIN:
» Does not have a SSN and are not eligible to obtain one
» Nonresident alien who is required to file a U.S. tax return
» U.S. resident alien who is (based on days present in the United States) filing a U.S. tax return.
» Dependent or spouse of a U.S. citizen/resident alien.
» Dependent or spouse of a nonresident alien visa holder.
Are ITINs valid for identification? No. ITINs are not valid identification outside the federal tax system. Since ITINs are strictly for tax processing, the IRS does not apply the same standards as agencies that provide genuine identity certification (e.g. state IDs/ driver’s license, passports, green cards, etc.).
Can I open a bank account with an ITIN? Yes. Some banks will accept the ITIN instead of the SSN. However, you still need to provide some form of identification. We suggest calling or visiting your local bank or credit union  to ensure they accept the ITIN and inquire about the types of ID they accept.
Do ITINs enable someone to work legally? No. ITINs are for federal income tax purposes only. Getting an ITIN does not change your immigration status or your authorization to work in the United States.
Can ITINs be used as proof of identification to obtain a state driver’s license? No. ITINs are not valid for identification outside the federal tax system. However, some states may accept the ITIN as part of the driver’s license application or verification of residency.
Who should renew their ITIN? Anyone who has not used their ITIN on a federal tax return at least once in the last three years should renew. All ITINs issued before 2013 will begin expiring this year based on a rolling schedule. You will be notified via postal mail (using the address on your most recent income tax form on which the ITIN appears) if your ITIN is expiring.
When does renewal of ITINs begin? January 1, 2017.
Which ITINs are expiring? Individuals who hold ITINs with middle digits of 78 and 79 (e.g. 9NN-78-NNNN). The IRS began sending Letter 5821 to taxpayers with these expiring ITINs in Summer 2016.
When may I renew my ITIN? Taxpayers whose ITINs will expire on January 1, 2017 can begin the renewal process beginning October 1, 2016.
How do I renew my ITIN? Complete your federal tax return, complete W-7 form and provide original documentation (or certified copies of the documentation from the issuing agency) required to support the information provided on Form W-7.
Should I apply or renew an ITIN if I have a valid SSN? No. Any person who applied for and received an SSN will no longer be eligible for an ITIN, since his/her SSN remains valid, even if his/her work authorization expires.
Should I apply or renew an ITIN if I am a DACA recipient? No. If you obtained DACA and used it to get a SSN you should not continue to use or renew your ITIN. Regardless of the possible termination of DACA, the assigned SSN will remain your SSN even if the individual’s work authorization terminates.
A new policy was introduced on June 30, 2016, but it became obsolete with the passage of the Tax Hikes Act of 2015 (PATH Act), enacted on December 18, 2015. The new law states that ITINs that have not been used on a federal tax return at least once in the last three years would no longer be valid for use on a tax return unless renewed by a taxpayer. In addition, ITINs issued prior to 2013 and not used on a federal tax return in the last three years need to be renewed starting October 1, 2016, based on a rolling renewal schedule.
What May Happen if an ITIN is Not Renewed Some individuals may not be aware that their ITIN has expired or that they must renew an expired ITIN. According to the IRS, returns filed by these individuals will be accepted by the IRS; however, there may be a delay in processing these returns, and certain credits, such as the Child Tax Credit6 and the American Opportunity Tax Credit7 , may not be allowed unless the ITIN is renewed. This could result in a reduced refund or additional penalties and interest. The IRS will notify these filers about the delay and any reduction in refunds and credits claimed and will inform them about the need to file Form W-7 to renew their ITIN.
Can I use both ITIN and SSN? No. Holders of Expired ITINs Who Have Obtained or Become Eligible for a SSN An individual with an expired ITIN who has obtained or become eligible for an SSN (for example through DACA) should not renew the ITIN and should discontinue using it. It is improper to use both the ITIN and the SSN assigned to the same person to file tax returns.
How to Notify the IRS About Your New SSN? It is your responsibility to notify the IRS so it can combine all of your tax records under one identification number. If you do not notify the IRS when you are assigned a SSN, you may not receive credit for all wages paid and taxes withheld, which could reduce the amount of any refund due. Individuals who become eligible to obtain a SSN (i.e. DACA or permanent residents) should obtain one from the Social Security Administration (SSA) and visit a local IRS office, or write a letter explaining that you have now been assigned a SSN and want your tax records combined. Include your complete name, mailing address, and ITIN along with a copy of your social security card and a copy of the CP 565, Notice of ITIN Assignment, if available. The IRS will void the ITIN and associate all prior tax information filed under the ITIN with the SSN. Send your letter to: Internal Revenue Service Austin, TX 73301-0057 Note: In addition to sending a letter to the IRS, you may also send letters to the credit agencies requesting to change your ITIN to a SSN. The letter should include name, mailing address and copies of your ITIN, SSN and identification.
Information Specific to DACA Recipients. DACA recipients are eligible to receive a social security number (SSN) and therefore should not continue to use or renew their ITIN. Regardless of the possible termination of DACA, the assigned SSN will remain their SSN even if the individual’s work authorization terminates. As stated above, all people who have obtained a SSN should send letters to the IRS and credit agencies requesting to transfer all tax and credit history from the ITIN to their SSN.
How to apply for ITIN? This information comes directly from the IRS, for additional information see the updated online instructions (Instructions for Form W-7 (09/2016), https://www.irs.gov/ instructions/iw7/index.html ). You may file or renew an ITIN by completing Form W-7 (Application for IRIS ITIN, https://www.irs.gov/pub/irs-pdf/ fw7.pdf ), which you may download for free on the IRS website. The form and instructions were updated September 2016, so make sure to download and complete the most current version of the forms. The form requires supporting documentation to prove foreign status and identity. The documentation you provide must meet the following requirements:
1. You must submit documentation to establish your identity and your connection to a foreign country (“foreign status”). Applicants claimed as dependents must also prove U.S. residency unless the applicant is from Mexico or Canada or the applicant is a dependent of U.S. military personnel stationed overseas.
2. You must submit original documents, or certified copies of these documents from the issuing agency, that support the information provided on Form W-7. A certified document is one that the original issuing agency provides and certifies as an exact copy of the original document and contains an official stamped seal from the agency. You may be able to request a certified copy of documents at an embassy or consulate. However, services may vary between countries, so it is recommended that you contact the appropriate consulate or embassy for specific information.
3. Note: Original documents you submit will be returned to you at the mailing address shown on your Form W-7. You don’t need to provide a return envelope. Applicants are permitted to include a prepaid Express Mail or courier envelope for faster return delivery of their documents. The IRS will then return the documents in the envelope provided by the applicant. If your original documents aren’t returned within 60 days, you can call the IRS (see Telephone help, earlier). If you will need your documents for any purpose within 60 days of submitting your
Processing times. Allow 7 weeks for the IRS to notify you of your ITIN application status (9 to 11 weeks if you submit the application during peak processing periods (January 15 through April 30) or if you’re filing from overseas). If you haven’t received your ITIN or correspondence at the end of that time, you can call the IRS to find out the status of your application.
Telephone help. Call 1-800-829-1040 if you’re in the United States. If you’re outside the United States, call 267-941-1000 (not a toll-free number) for assistance.
ITIN GUIDE http://www.e4fc.org/images/ITIN_Guide.pdf
​

Post-Election DACA update and resources provided by ILRC.

November 10, 2016
 

• President-elect Donald Trump pledged to end DACA immigration program when he becomes President. He will be inaugurated on January 20, 2017. Until that time, DACA will remain in place and USCIS will continue to process both initial and renewal DACA requests. 

The risk. Those who receive or apply for DACA will not necessarily be targeted for deportation. Administrative programs like this have never been used for wholesale deportation in the past. It would be extremely costly for the government to try to deport all 700K+ DACA recipients. However, we do not really know what to expect. Anything is possible.
 
Initial DACA applications. For those who have not yet applied for DACA, the processing of those applications is taking long enough now that they would likely not be adjudicated until after January 2017, and it is possible the DACA program will not exist by then. Therefore, at this point potential applicants’ efforts to assemble an initial DACA application and pay the filing fees (which go up in December 2016) may result in no benefit and expose them to DHS.
 
DACA renewals. It is unknown whether the next Administration will terminate existing DACA grants or instead not allow DACA recipients to renew. Those who have already received DACA are known by the government. Therefore, renewing DACA does not carry a new risk. In fact, renewing DACA may mean a DACA recipient can have a work permit until it expires one to two years into the next Administration. One risk, however, is again that the renewal might not be adjudicated before Trump becomes President, and the effort and money to renew will be for nothing. People who file to renew soon may be successful, as DACA renewals are currently being processed in 8 weeks with USCIS' upgraded system. The cost may be offset by loans and other funding available through Mission Asset Fund, the Mexican Consulate, some DACA collaboratives and/or other programs.
 
Advance parole. At this point, advance parole may be a little bit harder to get, because processing time is three months or more, which would put approvals (even if filed today) and subsequent travel in February 2017. Emergency advance parole requests, however, may still be useful in helping people travel and subsequently adjust status under 245(a). 
 

•  What the Future Holds

 

• Based on Trump’s campaign rhetoric and the new composition of Congress, we do not expect a comprehensive immigration reform that includes legalization to be introduced in the coming years.

 

• We do not expect expanded DACA or DAPA to make it through the courts.

 
It is possible that some states will try to introduce additional state legislation creating benefits and some protections for immigrants like California has done. Some other states may introduce legislation that increases immigration enforcement at the local level.
 

• What Immigrants Can Do Now

 
People should go to a legal services provider to be screened for any possible immigration options other than DACA for which they may already be eligible.
 
The ILRC has a comprehensive client intake form to assist practitioners in screening. It can be found online at https://www.ilrc.org/screening-immigration-relief-client-intake-form-and-notes.
 
The Immigration Advocates Network maintains a national directory of more than 950 free or low-cost nonprofit immigration legal services providers in all 50 states. It can be found online at https://www.immigrationlawhelp.org.
 
Community members should be warned of fraudulent service provider schemes and educated about how to seek competent immigration help. The ILRC has created community education flyers about this available in English and Spanish available online at https://www.ilrc.org/anti-fraud-flyers.
 

• People should know their rights when in contact with an immigration agency.

 
The ILRC has created Red Cards to help both citizens and noncitizens defend themselves against constitutional violations during ICE raids. These cards provide citizens and noncitizens with information about how to assert their constitution rights and an explanation for ICE agents that the individuals are indeed asserting their constitutional rights. Go https://www.ilrc.org/red-cards for more information and contact us at[email protected] to order.
 

• People should continue to avoid negative interaction with law enforcement. Something like a DUI or conviction related to drugs can have irreversible negative immigration consequences.

 

• If filing to renew DACA, applicants need to be aware that the filing fee increases to $495 on December 23, 2016.

 
Information provided by ILRC.
 

A new federal lawsuit filed in California advances efforts to reinstate the Obama administration’s immigration relief initiatives, DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) and expanded DACA (Deferred Action for Childhood Arrivals).

The lawsuit filed in the U.S. District Court for the Northern District of California by Rocío Sanchez Ponce, a DACA recipient, is the third lawsuit to challenge the reach of an injunction in U.S. v. Texas.

It follows similar lawsuits by Martín Batalla Vidal in the Eastern District of New York and by José Lopez in the Northern District of Illinois.

The three lawsuits seek to fix a wrongdoing suffered by thousands of DACA recipients who are not party to the Texas case, and they could open up a new pathway for the implementation of DAPA and expanded DACA outside of Texas, providing relief to millions of families.

Sanchez Ponce, 23, is a longtime resident of Hayward, Calif., who came to the U.S. from Mexico when she was six years old. She is represented by the National Immigration Law Center (NILC).

In February 2015, Sanchez Ponce received a three-year work permit from U.S. Citizenship and Immigration Services under newly issued rules for DACA. That same month, Judge Andrew S. Hanen, of the federal district court in South Texas, issued an injunction in U.S. v. Texas that blocked DAPA and the expansion of DACA nationwide, based solely on claims of alleged costs to Texas. The federal government relied on that injunction to revoke three-year work permits that had been issued to thousands of DACA recipients across the country, including to Sanchez Ponce and the plaintiffs in the New York and Illinois lawsuits.

Sanchez Ponce seeks reinstatement of her three-year work permit because its revocation on the basis of the overbroad injunction was unlawful. Furthermore, by challenging the scope of the Texas injunction, the lawsuit could lead to the reinstatement of DAPA and expanded DACA for millions of families in states that are not part of the Texas lawsuit.

Announced in 2012, DACA allows some young undocumented immigrants such as Sanchez Ponce, who came to the U.S. as children, to live and work in the country temporarily if they meet certain eligibility requirements.

In November 2014, the Obama administration sought to build on the success of that initiative by expanding eligibility requirements to include more immigrant youth and by creating the DAPA program, which would similarly allow some undocumented parents of U.S. citizen and lawful permanent resident children to live and work in the U.S. temporarily. At the same time, the Department of Homeland Security announced that new and renewing DACA applicants would be approved for three- rather than two-year periods. U.S. Citizenship and Immigration Services began issuing three-year work permits that same month.

In December 2014, Texas and 25 other states sued to stop the implementation of DAPA and expansion of DACA. In February 2015, Judge Hanen issued a nationwide injunction blocking both initiatives. The case made its way to the U.S. Supreme Court, which last refused to rehear the case after deadlocking and issuing no decision in June 2016. This federal injunction still stands.

The complaint filed today is available at www.nilc.org/wp-content/uploads/2016/11/Sanchez-Ponce-v-Baran-complaint-2016-11-03.pdf.

​

имми

06-23-2016 Breaking news: U.S. Supreme Court, split 4-4, blocks Obama immigration plan. The DAPA and expanded DACA programs will NOT become the law. Only original DACA deferred action program still stands.

The U.S. Supreme Court ruling said only the following:

"“The judgment is affirmed by an equally divided court.”

The court did not issue a ruling on the merits of the main legal question. Therefore, its action set no legal precedent to bind future presidents. The decision indicates that any major immigration policy change that would address the long-term situation of the estimated 11 million people in the country illegally would have to be enacted by Congress.

Please note that today’s Supreme Court decision doesn’t impact the original DACA deferred action from 2012. Current DACA program is not affected by the Supreme Court’s decision. However, it's possible that the next President could end the DACA program.

DACA beneficiaries must continue renewing their status and work permits 120 days in advance before the expiration date.

Those who qualify and were waiting to apply because they were not 15 years old yet or for any other reason (lack of money to pay the fee or missing a document), can apply for the first time as well when you are ready if you were under 31 years of age on June 15, 2012. 
Note: The Obama Administration and USCIS is expected to announce the expansion of the I-601A provisional hardship waiver program in the near future. It could be helpful to many immigrants.

По-русски:

Верховный Суд США принял решение оставить в силе запрет на иммиграционную реформу администрации Обамы. Только первая иммиграционная реформа от 15 июня 2012 остается в силе (действие этого решения суда на нее не распространяется). Помните, что следующий Президент вправе отменить полностью программу DACA, так как она была введена в силу через акт исполнительной власти, а не Конгрессом.

На практике это означает, что те, кто подпадает под действие закона от 15 июня 2012, могут продолжать подавать в иммиграционную службу США как первичное заявление на статус DACA deferred action, так и заявление на продление статуса и разрешение на работу, work permit, когда им исполнится 15 лет, и если им не было 31 года на 15 июня 2012.

Read here. 

​ On April 18, 2016, the U.S. Supreme Court heard oral arguments in the case of United States v. Texas, the challenge to President Obama’s DAPA and DACA expansion programs.

It is estimated that, if approved, the Deferred Action for Parental Accountability (DAPA program) would grant work authorization to over 4 million undocumented parents of the US citizen children, and the expanded Deferred Action for Childhood Arrivals  (DACA program) would grant work permits to millions of undocumented persons who entered the United States as children. Original DACA is still in place.

The State of Texas has argued that it has “standing” to bring the lawsuit because the DAPA and DACA programs would increase the number of applicants for drivers licenses in Texas. At least 4 of the Justices (Ginsberg, Sotomayor, Kagan and Breyer) seem inclined to rule that this is not a sufficient ground to grant the state standing to sue in court to halt the federal programs. 

During the oral arguments, it appeared that the U.S. Supreme Court eight Justices split 4-4 on this case.
If the vote comes to 4-4, the injunction will sta, and the DAPA and expanded DACA programs will not become the law. 

If a single Justice (Roberts, Kennedy, Alito and/or Thomas) joins the other four Justices who appear ready to dismiss the lawsuit and overrule the injunction, the government will be permitted to implement both programs DAPA and expanded DACA). A decision by the Supreme Court is expected in June 2016.