On February 26, 2018, the United States Supreme Court denied the Trump Administration’s appeal of federal court orders that determined that it was not likely that the Trump Administration could prevail on its decision to end the DACA program. What does this mean? It means that the Supreme Court will not listen to the case now. It also means that until and unless the USCIS makes a new announcement, that you may file a request to renew the grant of deferred action.
Double check on the USCIS website. DACA. USCIS is not accepting requests from individuals who have never before been granted DACA.
Who is eligible to apply for DACA?
You may request consideration of DACA if you:
- Were under the age of 31 as of June 15, 2012 (your age is frozen as of that date
- Came to the United States before reaching your 16th birthday
- Have continuously resided in the United States since June 15, 2007, up to the present time (a brief, innocent departure from the United States during that time may not disqualify you from applying for DACA
- 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
- 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
- Are currently in school (you may enroll now and apply), 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
- Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors (not including traffic convictions (except DUI or impaired driving), and do not otherwise pose a threat to national security or public safety
Contact my office and we can discuss whether or not you qualify. Many individuals wrongly believe that they could or could not Reapply for DACA. We have been success on hundreds of DACA applications that seemed not possible from a person not knowledgeable about immigration laws and how the USCIS views criminal convictions, or departure from the United States, or the lack of departure from the United States during the critical period of time.
Deferred Action may be renewed as early as 180 days prior to the expiration of the deferred action period. The USCIS recommends that an applicant file to renew DACA no later than 120 days prior to the expiration to prevent a potential lapse in work authorization. The “renewal” is essentially a reapplication of DACA with proof of residency since the time an individual was initially granted DACA, or after the latest renewal. Applicants must meet all of the requirements of the initial DACA, and prove residency in the US since the last DACA approval.