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. Individuals can call USCIS at 80 with questions or to request more information on DACA. 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.Ī1: Deferred action is a discretionary determination to defer removal of an individual as an act of prosecutorial discretion. * Please review Q19 below if you are currently in a lawful immigration status. 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.Coast Guard or armed forces of the United States and 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.Any lawful status that you had after June 15, 2012, expired or otherwise terminated before you submitted your request for DACA.Any lawful immigration status or parole that you had before June 15, 2012, expired on or before June 15, 2012, and.You never had a lawful immigration status on or before June 15, 2012*, or.Had no lawful immigration status on June 15, 2012, and at the time you filed your request for DACA, meaning that:.Were physically present in the United States on June 15, 2012, and at the time you filed your request for DACA with USCIS.Have continuously resided in the United States since June 15, 2007, up to the time of filing your request for DACA. Came to the United States before reaching your 16th birthday.Were under the age of 31 as of J(that is, you were born on or after June 16, 1981).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: 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. What Is Deferred Action for Childhood Arrivals?Īs 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. What Is Deferred Action for Childhood Arrivals?.Please see the DACA Litigation Information Page for important updates and information related to court rulings on the DACA policy. This means that individuals with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal. We will also continue to accept initial DACA requests, but in accordance with the District Court’s order, we will not process initial DACA requests.Ĭurrent valid grants of DACA and related EADs will continue to be recognized as valid under the Final Rule. In accordance with this decision, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23, as it has since October 31, 2022. However, the court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021.” See the Memorandum and Order (PDF, 1.35 MB) and Supplemental Order of Injunction (PDF, 72.53 KB).Īccordingly, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated. District Court for the Southern District of Texas issued a decision finding the DACA Final Rule unlawful and expanding the original Jinjunction and order of vacatur to cover the Final Rule.
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