Deferred Action for Childhood Arrivals (DACA) was rescinded by the Trump Administration on September 5th, 2017. The decision would prove to be a spark of controversy for DACA recipients, American businesses who relied on DACA recipients as valuable employees, and immigration attorneys from coast-to-coast. Following vocal opposition, DACA has not yet been entirely dismantled and may still provide hope for foreign nationals and undocumented immigrants who want to have a profitable life within the United States.
The United States Citizenship and Immigration Services (USCIS) agency has recently released a new, updated set of instructions regarding DACA and how its recipients can still use it today. It noted the instructions are not permanent and can be altered through further federal intervention on behalf of the Department of Homeland Security (DHS). DACA recipients must also be aware that the DHS can remove DACA deferral and similar immigration protections at its own discretion.
The keynote of the USCIS update is that it will continue to accept renewed DACA applications for people seeking deferral. In order for the USCIS to accept and review a renewed application, the applicant must be someone who was previous counted as a DACA recipient. Applications will be considered “renewals” still for people whose previous DACA deferral expired after September 5th, 2016 and they could not reapply due to the aforementioned rescindment.
There are two forms needed to complete a renewed DACA application form:
- Form I-821D
- Form I-765 and accompanying worksheet
Reminder: You should not expect your DACA deferral application to be reviewed by the USCIS if you have never been approved through DACA in the past. DACA recipients also cannot request advanced parole until further notice. People who were DACA recipients previously but did not have the status between September 5th, 2016 and September 5th, 2017 may reapply for DACA. Applications filed by such parties will not count as renewals, though, and they will be considered as brand new applicants.
(Visit the official USCIS website to view its instructions in full. You can do so by clicking this link.)
Trusted Immigration Lawyers in Santa Barbara – 805.467.6060
People with questions or concerns about the latest update on DACA and the USCIS instructions can come to Appel & Morse for legal assistance. Our Santa Barbara immigration attorneys can help you understand and protect your rights as an immigrant or foreign national. We have 40+ years of collective legal experience with a focus on immigration cases, including naturalization and removal defense.
Would you like to know more about our services and your deferral rights under DACA? Contact our firm today.