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.

​


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.
Return to top.

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.
Return to top.

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.
Return to top.

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).
Return to top.

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.
Return to top.

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.

Return to top.

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.
Return to top.

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.

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. 

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.

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.

​ 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.

UPDATE: On April 20, 2016, over the objections of Gov. Pete Ricketts, Nebraska Legislature overrode Governor's veto. Nebraska passed a bill that will allow young immigrants who entered the United States illegally, and later obtained federal DACA deferred action status, to apply for professional and commercial licenses in Nebraska.

The Legislature voted 31-13 to override Ricketts' veto. Thirty votes were needed to override.

Last year, Nebraska DREAmers won another victory when the legislature again overrode Gov. Ricketts’ veto of a bill that would allow DACA recipients to apply for driver’s licenses.

*************************************************

On April 15, 2016, Nebraska Governor Pete Ricketts vetoed a bill that would have allowed young immigrants brought to this country illegally as children to get professional and commercial licenses.

Legislative Bill 947 would have made it possible for those immigrants to obtain the licenses and credentials needed to enter a host of occupations, including teaching and tattooing.

Governor's action sets up a second clash with the Legislature over the same group of young people - DACA grantees.

Last year, the governor vetoed a similar bill that provides driver’s licenses to young people in the federal DACA program, or Deferred Action for Childhood Arrivals. The Legislature overrode that veto.

This year, lawmakers passed LB 947 on a 33-11 vote, three more than the number needed for a veto override.

It remains to be seen if Nebraska Legislature will override Governor's bill again.
​
It should be noted that some DACA grantees can take the next step and apply for permanent residency (aka green card), and therefore, become lawful permanent residents. If a DACA grantee obtains a federal advance parole (travel document), travels abroad and returns to USA on advance parole, he or she might be able to apply for a green card, provided they are otherwise eligible.

 On February 18, 2016, ILRC updated their PRACTICE ADVISORY: FROM ADVANCE PAROLE TO A GREEN CARD FOR DACA RECIPIENTS.

It can be useful not only for DACA grantees, but also for TPS grantees; people considering adjustment of status, but who are ineligible because of their EWI/illegal entry to USA; people with criminal convictions; and those with removal (deportation) orders, or pending removal proceedings.

The advisory explains who is eligible to apply for Advance Parole (travel document), who can safely travel outside of USA, about risks of being denied admission to USA, and why this document is so important.The advisory is available for download as a PDF file here:

http://www.adminrelief.org/resources/item.592261-Practice_Advisory_From_Advance_Parole_to_a_Green_Card_for_DACA_Recipients

​

On November 20, 2014, the President announced a series of executive actions. However, not all of these initiatives have been implemented, and USCIS is not accepting any DAPA or expanded DACA applications at this time. 

Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam. 

If you need legal advice on immigration matters, make sure that the person you rely on is an attorney who is authorized to give you legal advice. Only an attorney or an accredited representative working for a Board of Immigration Appeals-recognized organization can give you legal advice. An immigration attorney can be licensed in any state because immigration law is federal law. It's important to consult an experienced and knowledgeable attorney before submitting any immigration applications.

The Internet, newspapers, radio, community bulletin boards and local businesses storefronts are filled with advertisements offering immigration help. Not all of this information is from attorneys and accredited representatives. There is a lot of information that comes from organizations and individuals who are not authorized to give you legal advice, such as “notarios” and other unauthorized representatives. The wrong help can hurt. Here is some important information that can help you avoid common immigration scams.

Here are some examples of common immigration scams:

**Telephone Scams**.

Do not fall victim to telephone scammers posing as USCIS personnel or other government officials. In most instances, scammers will:

• request personal information (Social Security number, Passport number, or A-number);
• identify false problems with your immigration record; and
• ask for payment to correct the records.

If a scammer calls you, say “No, thank you” and hang up. These phone calls are being made by immigration scammers attempting to take your money and your credit card information. USCIS will not call you to ask for any form of payment over the phone. Don’t give payment over the phone to anyone who claims to be a USCIS official.

If you have been a victim of this telephone scam, please report it to the Federal Trade Commission (FTC). Learn more about telephone scams and telephone scammers’ techniques by visiting Federal Trade Commission-Telemarketing-Scams. 

**"Notario Publico"**.

In many Latin American countries, the term “notario publico” (for “notary public”) stands for something very different than what it means in the United States. In many Spanish-speaking nations, “notarios” are powerful attorneys with special legal credentials. In the U.S., however, notary publics are people appointed by state governments to witness the signing of important documents and administer oaths. "Notarios publico,” are not authorized to provide you with any legal services related to immigration.

Please see the National Notary Association website "What is a Notary Public" for more information.

**Local Businesses who are not law firms and not attorneys or lawyers**.

Some businesses in your community “guarantee” they can get you benefits such as a:

• Visa
• Green Card
• Employment Authorization Document

These businesses sometimes charge you a higher fee to file the application than even a licensed attorney (but will tell you that attorneys charge more "for the same work"). They claim they can do this faster than if you applied directly with USCIS. These claims are false. 

**Dot-com websites - operated by non-attorneys or people not authorized to give legal advice**.

Some websites offering step-by-step guidance on completing a USCIS application or petition will claim to be affiliated with USCIS. Many of these websites are scammers or fraudsters, often taking money for blank forms or minimal assistance without attorney supervision.

USCIS has its own official website: www.uscis.gov with:

• Free downloadable forms
• Form Instructions
• Information on filing fees and processing times

Do not pay for blank USCIS forms either in person or over the Internet. You can download forms for free at www.uscis.gov.

Do not pay to a non-attorney (not a lawyer) for help with immigration paperwork, applications, affidavit. Oftentimes, they give you wrong advice and can potentially damage your chances of ever becoming a permanent resident (getting a green card).

**Green Card Lottery or DV Lottery scams**.

Once a year in fall, the Department of State (DOS) makes 50,000 diversity visas (DVs) available via random selection to persons meeting strict eligibility requirements and who come from countries with low rates of immigration to the United States. During this time or often around the year, it is common for immigration scammers to advertise in emails or websites that reference either the:

• DV lottery
• Visa lottery
• Green Card lottery

These emails and websites often claim that they can make it easier to enter the annual Diversity Immigrant Visa Program. Some scammers even identify you as a DV lottery “winner” and ask for significant amount of money "helping get a visa". These emails and websites are fraudulent. 

The only way to apply for the DV lottery is through an official government application process (Department of State website, and only when it's open, during an application period which is usually in October-November only). DOS does not send emails to applicants. 

On or after May 1st, you can visit the Department of State website to verify if you are actually a winner in the DV lottery. 

If need help, consult a licensed attorney (not one of the "green card lottery" websites).

**INS doesn't exist. It's been replaced by DHS and USCIS**.

To this day, some local businesses, websites, "notarios"  and individuals make reference to the Immigration and Naturalization Service (INS). This agency no longer exists! 

If someone refers to USCIS as "INS", it's a sign that they are not an attorney, but rather someone unqualified with little knowledge in immigration matters.

INS was dismantled on March 1, 2003, and most of its functions were transferred from the Department of Justice to three new components within the newly formed Department of Homeland Security. U.S. Citizenship and Immigration Services (USCIS) is the component that grants immigration benefits. The other two components are U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection.

All official correspondence regarding your immigration case will come from USCIS. USCIS will communicate with you and your attorney by mail, by mailing you notices, approved work permit and green card through USPS (postal service).

If you need a legal assistance, we will be glad to help. Our contact information is here.

Read here. 

Nebraska will start issuing driver's licenses to DREAMers or young people who were granted deferred action under DACA  ("DACA grantees"). 

Nebraska is the last state to join the other 49 states who are already issuing driver's licenses to young people with approved DACA deferred action. This program has been in effect since 2012.

On Tuesday, Nebraska Legislature overrode Governor's veto on this bill by 34 to 10 vote.

Read here. 

USCIS launched a new interactive webportal myUSCIS. 

See at: https://my.uscis.gov/

USCIS recently introduced another useful webportal, where customers can submit e-request to ask questions about a pending case, report non-delivery of a document (work permit, green card, etc) or official letter (Receipt or Approval Notice, Form I-797), request certain accommodations. I found it to be a very useful tool.

See at: https://egov.uscis.gov/e-Request/Intro.do?locale=en_US

Almost daily, I hear from some of our callers: "I don't need legal consultation, I don't want to hire an attorney. I have only one or two very simple (or quick, or easy) questions, and I want an attorney to answer my questions right now and free of charge because my questions are so simple, quick, and easy!"

I will try to explain why this request doesn't make any sense and how to get proper legal advice.

U.S. immigration law is very complex and constantly changing. There have been no major immigration reforms or amnesties in the past few years (which requires a law to be approved by Congress and signed by the President). However, there have been significant changes introduced by our current and former administrations and the executive branch of the government: executive actions; executive orders of the President; USCIS and DHS memorandums and policy guidance; official and unofficial practice advisories; and changes through our judicial branch (federal and immigration courts), such as, the decisions by the BIA, AAO, Courts of Appeals, US Supreme Court, and even by federal district court judges (for example, an injunction by a federal judge can place on hold an executive order of the President of the United States).

U.S. immigration law is federal in nature and is the same in all states. However, it may apply differently to your situation depending on your background, your place of residence or domicile, US embassy in the country where you apply for a visa, etc.

An experienced immigration attorney may be able to guide you and advise you about specifics, loopholes, various options, and can spot possible problems before they happen, even if it seems to you that your case is pretty straightforward and you have only "one quick question". A seemingly simple or quick question not always can be answered with a simple "yes" or "no" answer. You may not realize it, but a situation may have a lot of hidden issues or variables depending on your venue, court jurisdiction, your factual circumstances, your arrest and criminal record, your family situation and status, prior legal assistance, prior legal actions and applications filed, or even timing, etc.

You can find a lot of useful immigration-related INFORMATION on our Blog. We compiled useful information and links: USCIS forms and fees, case status inquiry, processing times, AR-11 Change of Address, Department of State and NVC, and much more here. Hope you find this information helpful!

To ask basic questions about USCIS immigration forms, filing fees or to inquire about status of your pending case, you can contact USCIS, Department of Homeland Security, by calling their 800 Customer Service Hotline (number is on their website), or send an e-request via a webportal at USCIS website. Case status can be checked online, as well. Immigration courts, U.S. embassies and consulates and National Visa Center each have their own hotlines, call centers or other ways to contact them.

To receive a case-specific legal advice you should talk to a lawyer. Before a lawyer can advise you, we usually email you our confidential immigration questionnaire, and ask you to complete and return it to us. In some cases, we can ask you to email us copies of your immigration forms, paperwork, personal documents. When an attorney reviews your answers to our questionnaire and your documents, it helps her to get to know you, your situation, and decide what legal and/or visa options you shall consider, what are your best chances of obtaining certain visas and immigration benefits, how and when can you bring your family to USA, are you eligible for permanent residency or a green card in the United States, are you eligible to apply for U.S. citizenship, how can your children become U.S. citizens, etc.

It's important that you provide truthful, accurate and complete answers to our questions because an attorney's advice to you is based on information you provide to an attorney. It could be dangerous to give misleading, incomplete or incorrect answers to an attorney.

An attorney or a lawyer is often called "a counselor in law". It means that an attorney counsels and advises you, helps you to understand your situation better, anticipates any possible future issues or complications, offers guidance, and a long-term strategy and planning for yourself and your family.

Legal advice is never a simple "yes" or "no" answer, it's never "use this form"  or "this is the link where you can find all information and all answers you need". Legal advice or consultation is like going to see a doctor. A doctor will ask you questions, take your vitals and administer necessary tests, then she will be able to diagnose you and offer you an appropriate treatment plan. The same is true about work of a good and ethical attorney. An attorney will have to ask you a number of questions, review your documents and paperwork, and only then she will be able to advise you, and offer you guidance and counsel.

In order to avoid mistakes and future complications, it's smart to consult an attorney before starting any legal, immigrant or visa process. Consultation with knowledgeable and ethical attorney should serve as a preventative measure and a way to establish a roadmap and plan your future.

In over twelve years of practice as an immigration attorney in the United States, I have come across of many unfortunate individuals who got themselves into trouble after reading and following wrong advice on internet forums, listening to their friends, co-workers, relatives and neighbors advice, or paying to complete their "paperwork" to an unlicensed "immigration consultant", or "notario", or "tax preparer", or somebody else who speaks their native language in their immigrant community but has no proper training and is not a licensed attorney. In some of these cases, individual's chances of living in USA legally can be permanently destroyed. Some people can become permanently banned from the United States, no matter how many close family members (wife, kids, parents) and other ties they have in USA. Immigration law is very complex and unforgiving, and non-compliance, fraud or misrepresentation could bring consequences more severe than penalties in an average criminal case. Where a convicted criminal can usually expect to be released from prison after a number of months or years and be reunited with his family, a person who was deported and permanently banned from USA may never be able to reunite with his family and loved ones in the United States. Lack of knowledge or bad advice is not an excuse in immigration law. "Simple mistakes" in immigration law context could be costly and often irreversible.

Do yourself a favor and consult a knowledgeable immigration attorney before filing any applications or petitions with the USCIS Department of Homeland Security, or before submitting any visa applications online. You can also schedule a consultation to seek a second opinion, if not sure that your current or former attorney's advice is correct as applies to you. When you have questions or need legal advice you can email us to schedule a consultation. We will be glad to help you.

(As a practical matter, preliminary injunction means that effective February 18th 2015, there will be no filings under new expanded DACA program, and DAPA is placed on hold. Please be careful as to what applications and forms you file with USCIS. Consult a licensed experienced attorney and verify your eligibility before you apply.)

A Texas Judge has placed a preliminary hold on the two initiatives announced by President Obama last November that would expand the two-year-old Deferred Action for Childhood Arrivals (DACA)  and Deferred Action for Parents of U.S. Citizens and Legal Permanent Residents (DAPA). These two programs would provide temporary relief from deportation to approximately 5 million undocumented immigrants currently living in the United States.  The order issued overnight, and two days before the government was set to begin the DACA expansion, bars federal immigration officials from implementing “any and all aspects” of these programs. 

The coalition of 26 states, led by Texas and made up of mostly conservative states in the South and Midwest, argues that Obama has violated the "Take Care Clause" of the U.S. Constitution, which they say limits the scope of presidential power, and that his executive actions would be difficult to undo once immigrants started to apply for deferred action. They also say Obama's order would force increased investment in law enforcement, health care and education.

Among those supporting Obama's executive order is a group of 12 states, including Washington and California, as well as the District of Columbia. They filed a motion with the judge in support of Obama, arguing the directives will substantially benefit states and will further the public interest.

A group of law enforcement officials, including the Major Cities Chiefs Association and more than 20 police chiefs and sheriffs from across the country, also filed a motion in support, arguing the executive action will improve public safety by encouraging cooperation between police and individuals with concerns about their immigration status.

Read more at: http://news.yahoo.com/federal-judge-stalls-obamas-executive-action-immigration-052549363.html

*****

On February 17, 2015, USCIS had released their official statement in response to injunction granted by a federal judge in Texas, which effectively put a stop to DACA expansion (which was planned for February 18th 2015) and suspended DAPA (originally planned to start on May 19, 2015).

Since November 2014, USCIS had hired and trained additional 1,000 full-time employees in anticipation of a high volume of DACA and DAPA applications in 2015.

--------------------------
(via email): Statement by Secretary Jeh C. Johnson Concerning the District Court’s Ruling Concerning DAPA and DACA

"I strongly disagree with Judge Hanen’s decision to temporarily enjoin implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA). The Department of Justice will appeal that temporary injunction; in the meantime, we recognize we must comply with it.

Accordingly, the Department of Homeland Security will not begin accepting requests for the expansion of DACA tomorrow, February 18, as originally planned. Until further notice, we will also suspend the plan to accept requests for DAPA.

The Department of Justice, legal scholars, immigration experts and even other courts have said that our actions are well within our legal authority. Our actions will also benefit the economy and promote law enforcement. We fully expect to ultimately prevail in the courts, and we will be prepared to implement DAPA and expanded DACA once we do.

It is important to emphasize what the District Court’s order does not affect.

The Court’s order does not affect the existing DACA. Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012.

Nor does the Court’s order affect this Department’s ability to set and implement enforcement priorities. The priorities established in my November 20, 2014 memorandum entitled “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants” remain in full force and effect."

-------------------------

There are a few things that went wrong in this sad story and several important tips and rules for every immigrant in USA to remember:

1) almost every immigrant living in the United States, especially, a conditional resident, is required by law to notify USCIS of their new address within 10 days, which can be done online by submitting an electronic version of the form AR-11. Here is the link: https://egov.uscis.gov/coa/displayCOAForm.do 

2) any conditional resident MUST file a petition to remove conditions from residence within the 90-day period before expiration of their green card (USCIS form I-751). There are some exceptions. Forgetting to do so, can result in a removal order (deportation). Here is the link to the form and instructions: http://www.uscis.gov/i-751 

3) if your green card had expired (there is always an expiration date printed on your card), you should not travel internationally,... and Mexico is a foreign country.

4) you should never hire an "immigration consultant" or "Notario" -- but only hire an "immigration attorney" or "immigration lawyer", who is a licensed professional authorized to offer legal advice. Consultants, tax preparers, notarios are not authorized to give advice regarding your immigration situation and can't help with immigration paperwork, they are breaking the law.

5) also, keep in mind that even an attorney doesn't have an obligation to remind you about the deadlines for any *future* immigration petitions you might have to file (petition to remove conditions, application to renew a green card, application for citizenship). It's up to you to calendar these important dates and keep a track of important future applications with USCIS. I usually remind my former clients about these deadlines, but I am not required to do so because an attorney's representation ends at the conclusion of each case.

6) if her conditional green card was indeed "extended", then she should have had an official Receipt Notice, USCIS Form I-797, with the date granting her one-year extension.

If you need legal help, you are welcome to email our office. Don't wait until it's too late!

Story follows below...

Tuesday, February 10, 2015 
WEST HOLLYWOOD, Calif. (KABC) --

Sergey Nikitin lives with his wife and five children in West Hollywood. The Los Angeles realtor, however, is being kept apart from his family from what he says is a clerical error that's turned into an immigration nightmare. 

Nikitin's wife, Anya Bondareva, is currently behind bars. She was detained by federal authorities while trying to cross the border near San Diego. 

"She was crying and she was in shock. She couldn't believe what was even happening," Nikitin said. 

He became a U.S. citizen 15 years ago and married his wife, a Russian native, in 2008. Following their marriage, Nikitin hired an immigration consultant in L.A. to handle her paperwork.

Bondareva received a conditional green card, but Nikitin says the consultant failed to secure a permanent green card.

"I should have checked it myself. It was just one of those things that I relied that they would tell me when it comes up and it needs to be done," Nikitin said. 

Bondareva was granted an extension on her conditional green card that had expired. Earlier this year, the couple flew to Mexico and crossed back into the U.S. without any problems. Nikitin says they even met with immigration officials assuming their paperwork was being processed. 

"When they called the immigration service he was under the impression that it was still pending," said Stephanie Alcala, Nikitin's attorney. 

But last week when the couple tried to cross back into the U.S. from Mexico, Bondareva was detained. 

"That was the worst feeling ever," Nikitin said.

It turns out, after Bondareva's green card expired, a deportation order was issued. Nikitin says that because of a change of address in L.A., they were not notified of a hearing, leading to her being taken in.

Nikitin spoke to his wife over the telephone and says that she broke down in tears when she learned that she could be behind bars for weeks, perhaps months.

"She was crying for some time. She couldn't even speak," Nikitin said. "It's horrible. The children keep asking for her, and I can't even imagine what she is going through. This seems like extreme punishment for a paperwork issue."

Bondareva is being held in a federal detention facility near San Diego. Nikitin's five children are currently staying with relatives in Russia. He is staying in a San Diego hotel to be near his wife.

Alcala says Bondareva will likely be deported. Once that happens, she will have to request an in-person hearing to reapply for the permanent green card.

Read at http://abc7.com/news/west-hollywood-family-split-apart-due-to-immigration-paperwork-foul-up/512688/

USCIS could struggle to process millions of undocumented immigrants who may apply for legal protection under President Barack Obama's recent announcements on immigration, a Senate committee was told on Wednesday.

U.S. Citizenship and Immigration Services (USCIS), which handles immigrant visa and naturalization petitions, could be overwhelmed by the surge in workload later this year even if it hires an additional 1,000 workers as planned.

USCIS is expected to receive 4.5 million new DACA and DAPA deferred action applications in the coming months.

Congressional Republicans say Obama has overstepped his constitutional bounds and are trying to pass legislation to block funding for his immigration policies but Democrats in the Senate on Tuesday derailed the Republican effort. As the legislative battle continues, funding for the entire Department of Homeland Security, of which USCIS is a part, runs out at the end of February.

"The administration has informed this committee that it plans to hire 1,000 new workers" to process the applications, Bellocchi said, but "questions immediately surface whether this number will be sufficient without creating extreme backlogs."

He said new workers would have to process and adjudicate 4,500 applications each during the six-month target period. "Including weekends, that would mean 25 to 27 applications per day for 1,000 adjudicators," Bellocchi, who is now an immigration attorney in the private sector, told the committee.

USCIS has roughly 13,000 full-time officers and 5,000 contractors and they handle most applications on paper. Read at: http://www.reuters.com/article/2015/02/04/us-usa-congress-immigration-idUSKBN0L81Q320150204

***Our office is ready to provide legal assistance to DACA and DAPA applicants. 
DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) is a new deferred action program. It was expected that DAPA application period will open around May 20, 2015. It means that USCIS is not accepting DAPA applications just yet (applications from parents of US citizen children and lawful permanent resident children). You can start work on preparing your supporting documents for USCIS, however, you have to wait to file until USCIS  is ready. New application forms and official guidelines are expected to be released in May 2015. As of February 16, 2015, both expanded DACA and DAPA have been placed on hold until further notice. Avoid notario scam and don't pay anyone to submit your DAPA applications until it's been announced by the USCIS that they start accepting applications. It might be later than May 2015, if a federal case is still pending. If you need help please email an attorney at [email protected] .*** 

A group of mayors of led by New York Mayor Bill de Blasio and Los Angeles' Eric Garcetti are coming to the defense of President Barack Obama on immigration.

Twenty-eight (28) mayors have signed on to file an amicus brief this coming Monday in support of Obama's November 2014 executive actions on immigration, which are currently the target of a lawsuit from 25 states, led by Texas. The suit aims to block the president'sdeportation relief policies that will apply to some undocumented young people as well as undocumented parents of U.S. citizens and legal permanent residents -- specifically, allowing them to stay in the country and work legally. Republicans in Congress are likewise seeking to block the programs.

Obama is backed by a dozen states and the District of Columbia, all of which filed an amicus brief earlier this month in support of the executive actions on immigration. The states in that brief were California, Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Mexico, New York, Oregon, Vermont and Washington, along with the District of Columbia. Their amicus brief argues that new immigration policies announced by President Obama in November 2014 are legal and will have a positive impact.

The mayors' defense will be similar, arguing that Obama's executive actions serve the public interest. They will ask that the policies be allowed to move forward despite the lawsuit against them. Along with de Blasio and Garcetti, mayors from Washington, D.C., Chicago, Atlanta, Philadelphia, San Francisco and St. Louis were among those who signed on.

The amicus brief comes after a summit de Blasio hosted last month to discuss implementation of Obama's executive actions.

Here's the full list of mayors, according to a press release:

The following Mayors have signed on to the amicus brief:
Mayor Bill de Blasio, New York, New York
Mayor Eric Garcetti, Los Angeles, California
Mayor Kasim Reed, Atlanta, Georgia
Mayor Stephanie Rawlings-Blake, Baltimore, Maryland
Mayor Byron Browm, Buffalo, New York
Mayor Rahm Emanuel, Chicago, Illinois
Mayor Steve Benjamin, Columbia, South Carolina
Mayor Nan Whaley, Dayton, Ohio
Mayor Michael Hancock, Denver, Colorado
Mayor Muriel Bowser, Washington, D.C.
Mayor Pedro Segarra, Hartford, Connecticut
Mayor Annise Parker, Houston, Texas
Mayor Steven Fulop, Jersey City, New Jersey
Mayor Paul Soglin, Madison, Wisconsin
Mayor Ras Baraka, Newark, New Jersey
Mayor Michael Nutter, Philadelphia, Pennsylvania
Mayor Bill Peduto, Pittsburgh, Pennsylvania
Mayor Charles Hales, Portland, Oregon
Mayor John Dickert, Racine, Wisconsin
Mayor Tom Butt, Richmond, California
Mayor Lovely Warren, Rochester, New York
Mayor Ralph Becker, Salt Lake City, Utah
Mayor Ed Lee, San Francisco, California
Mayor Gary McCarthy, Schenectady, New York
Mayor Ed Murray, Seattle, Washington
Mayor Francis Slay, St. Louis, Missouri
Mayor Marilyn Strickland, Tacoma, Washington
Mayor Mike Spano, Yonkers, New York

The following mayors have expressed their support and will sign on to the brief, pending final local approvals:

Mayor Karen Majewski, Hamtramck, Michigan
Mayor Virg Bernero, Lansing, Michigan
Mayor Tom Barrett, Milwaukee, Wisconsin
Mayor Betsy Hodges, Minneapolis, Minnesota
Mayor Greg Stanton, Phoenix, Arizona

Read more at: http://www.huffingtonpost.com/2015/01/23/mayors-amicus-brief-immigration_n_6532926.html

A U.S. federal judge has decided to make permanent an injunction overturning Arizona’s ban on issuing driver’s licenses to young immigrants who were brought to the United States illegally as children and granted Deferred Action status under new DACA program started by President Obama in 2012.

Judge issued the permanent injunction on Thursday, citing the “irreparable harm” caused to the young immigrants by not being able to have a license under an executive order issued by former Gov. Jan Brewer. 

In the ruling, Judge Campbell cited examples of penalized immigrants, including one man unable to pursue a career as a firefighter because the local department required a license, and a graphic designer whose days were consumed by commuting by public transportation to meet clients.

These young immigrants, who were brought to the United States as children and grew up here, known as DREAMERS (or DACA grantees), were able to get driver’s licenses for the first time last month, after the United States Supreme Court let stand a decision by the United States Court of Appeals for the Ninth Circuit to stay the ban.

Read more at: http://www.nytimes.com/2015/01/23/us/politics/us-judge-says-dreamers-can-keep-drivers-licenses.html

SUMMARY of DACA and DACA Deferred Action Programs based on Obama's November 20, 2014 announcement of Immigration Reform.
(repost from our blog)

President Obama’s Immigration Announcement Includes Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) & Expansion of Deferred Action for Childhood Arrivals (DACA). On November 20, 2014, President Obama announced 10 areas where his Administration will modify immigration policy. In general, these reforms fall into three categories: (i) changes to immigration enforcement policy; (ii) deferred action expansion; and (iii) changes to our legal immigration system. This Fact Sheet will focus exclusively on the expansion of deferred action, memorialized in a Memorandum by Jeh Johnson entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Whose Parents are U.S. Citizens or Permanent Residents (“Deferred Action Memo”).

Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA):

Deferred action is a temporary protection from deportation. Through it, a person is authorized to remain in the United States temporarily and to receive employment authorization. A grant of deferred action does not provide a path to lawful permanent resident status or U.S. citizenship.

The Deferred Action Memo calls on USCIS to establish a process, similar to the Deferred Action for Childhood Arrivals (DACA) program, for granting deferred action to individuals who:
·         Have, as of November 20, 2014, a son or daughter of any age, who is a U.S. citizen or lawful permanent resident;
·         Have continuously resided in the United States since before January 1, 2010;
·         Are physically present in the United States on November 20, 2014, and at the time of making a DAPA request;
·         Have no lawful status on November 20, 2014;
·         Are not an enforcement priority, defined as: people suspected of terrorism, gang associations, or visa abusers, unlawful border crossers, and people convicted of felonies, aggravated felonies, significant misdemeanors, or three or more misdemeanors;[1] and
·         Present no other factors that would cause USCIS to deny the request in its exercise of discretion. 

The DAPA process shall be available to people with final orders of removal who meet the above criteria. Applicants must pay a $465 filing fee and submit to biometrics. As with DACA, there will be a very limited fee exemption and no fee waivers. Those who receive deferred action under the DAPA program will receive employment authorization for a three-year period. 

USCIS plans to begin accepting applications for DAPA by May 19, 2015.

The Deferred Action Memo applies to Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). Those agencies are instructed to exercise discretion for individuals who meet the DAPA criteria, including individuals in immigration custody, in removal proceedings, or whom ICE or CBP encounters.

Expansion of DACA (as of February 16, 2015, it was placed on hold):

Beginning on February 18, 2015, you may request consideration for deferred action under DACA if you:

1. Came to the United States before reaching your 16th birthday;
2. Have continuously resided in the United States since January 1, 2010, up to the present time;
3. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
4. Had no lawful status on June 15, 2012, meaning that:

• You never had a lawful immigration status on or before June 15, 2012, or
• Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012.

1. Are currently 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 Coast Guard or Armed Forces of the United States; and
2. Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

The Deferred Action Memo makes three major modifications to the DACA program:

1.       It removes the age cap. The Deferred Action Memo eliminates the requirement that an individual be under the age of 31 on June 15, 2012.
2.       The start date for the continuous residence period is advanced from June 15, 2007 to January 1, 2010. At this time, to be eligible for DACA an individual must have resided in the United States continuously from January 1, 2010 up to the present.
3.       DACA grants will now last three years instead of two. Effective November 24, 2014, all first-time DACA approvals as well as all DACA renewals shall be effective for three years instead of two.

The rest of the DACA requirements remain the same:

1. Had no lawful status on June 15, 2012, meaning that:

• You never had a lawful immigration status on or before June 15, 2012, or
• Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012.

1. Are currently 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 Coast Guard or Armed Forces of the United States; and
2. Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

USCIS was planning to begin accepting applications under the new criteria by February 18, 2015. However, on February 16, 2015, a temporary injunction by a federal judge resulted in DACA and DAPA programs being put on hold. Please see our blog for updates.

Although the Department of Homeland Security (DHS) has released some information about these programs, we expect DHS will produce detailed explanations and instructions in the coming months. Visit www.uscis.gov and http://www.adminrelief.org/ for more information.

[1] Immigration enforcement priorities include other categories detailed in the Jeh Johnson Memorandum entitled “Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants” (Nov. 20, 2014). Summary from ILRC.

On November 20, 2014, USCIS had published a MEMORANDUM, which can be fund here:
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf

USCIS had published FAQs at: 
http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/frequently-asked-questions

SEATTLE — On January 12, 2015, Attorney General for the state of Washington announced the filing of an amicus curiae — or “friend of the court” — brief in support of the Obama Administration’s recent executive action on immigration policy. The brief was filed in Texas v. United States, a legal challenge by Texas and other states to the President’s legal authority. A preliminary hearing is set in that case for Thursday, January 15.  The Washington State Attorney’s General Office authored the brief, which was joined by the Attorneys General of California, Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Mexico, New York, Oregon, Vermont and the District of Columbia.

“By properly using his authority to set enforcement priorities, the President’s action benefits Washington and other states by improving public safety, keeping families together, and aiding our economy,” said Attorney General Ferguson. “Hard working, tax paying immigrants can now emerge from the shadows.”

In their brief, Washington and the other states argue that, rather than presenting a burden, the Obama Administration’s actions — enabling working families to participate more fully in American society, earn a fair, legal wage and pay their fair share of taxes — benefit the states by raising revenue and reducing demand for social services. 

“The President took necessary and humane steps to help keep families together and provide relief to law-abiding Washington families,” Washington Governor Jay Inslee said. “He acted because Congress has not, and Washington state and the rest of the country should not have to wait any longer for sensible immigration reform.  I applaud the Attorney General’s effort to set the record straight about the President’s authority to pursue commonsense executive action.”

The brief can be found here.

The Center for American Progress estimates that Washington’s tax revenues will grow by $57 million over the next five years as the result of the Administration’s policies. Tax receipts in Texas — one of the plaintiff states challenging the President’s authority — could increase by $338 million over the same period.

Because states will actually benefit from the President’s action, the filing asserts, the plaintiff states challenging the President’s decision cannot meet their burden of showing an irreparable harm. As such, they have not met the standard for the immediate injunctive relief they seek. 

The brief, filed today in The United States District Court for the Southern District of Texas, also argues that the plaintiff states fail the other applicable legal tests for injunctive relief: a likelihood of success on the merits of the case, whether the potential harm to the plaintiffs outweighs the burden imposed by the requested injunction, and whether the injunction is in the public interest.

The hearing is set for Thursday, January 15, 2015, in the United States District Court for the Southern District of Texas, Brownsville Division.

Washington State Attorney General Ferguson spearheads legal brief in support of Obama Administration’s action on immigration.

Read at http://www.atg.wa.gov/pressrelease.aspx?&id=32511#.VLbtCivF-Dq