On January 13, 2018, USCIS updated its website to include guidance on submitting DACA renewal applications in light of the January 9, 2018 court decision. The guidance includes the following information:

Clients Who Have Never Had DACA: USCIS will NOT accept DACA requests from individuals who have not previously been granted DACA.

Clients Who Currently Have DACA: Clients who currently have DACA and are eligible to renew may request renewal.  USCIS’s website and DACA application states that applicants were instructed to file for renewal 150 to 120 days in advance of the expiration of their current DACA grant. The form instructions stated that USCIS “may” reject a renewal application that is filed more than 150 days in advance of the expiration.  However, the DACA FAQs also noted that requests received more than 150 days in advance will be accepted, but could result in overlap between the applicants’ current DACA and their renewal DACA.

Clients Whose DACA Expired On or After September 5, 2016: Under the policies in effect before the rescission of DACA, applicants whose DACA had expired within the past year were eligible to apply for renewal. USCIS’s guidance states that recipients whose previous DACA expired on or after Sept. 5, 2016, may still file a renewal request. USCIS asks applicants to list the date their prior DACA ended in the appropriate box on
the DACA application.

Clients Whose DACA Expired Before September 5, 2016: Under the policies in effect before the rescission of DACA, applicants whose DACA had expired more than a year prior to reapplying had to submit initial DACA request applications. USCIS’s guidance states that recipients whose previous DACA expired before September 5, 2016 CANNOT request DACA as a renewal, but may file a new initial DACA request in accordance with
the Form I-821D and Form I-765 instructions. These applicants are instructed to list the
date their prior DACA expired on Part 1 of the Form I-821D, if available.

Clients Whose DACA Was Terminated: DACA recipients whose previous DACA was terminated at any point CANNOT request DACA as a renewal, but may file a new initial DACA request in accordance with the Form I-821D and Form I-765 instructions. These applicants are instructed to list the date their prior DACA was terminated on Part 1 of the Form I-821D, if available.

Advance Parole: USCIS will not accept or approve advance parole requests from DACA recipients. The court decision had stated that applications for advance parole based on DACA do not have to be processed for the time being.

The court litigation is continuing and could move along quickly in being heard in the 9th Circuit and/or by the Supreme Court.  What does this mean for DACA individuals? If you qualify, FILE NOW before the window of filing renewals closes.

For questions about your case or to hire our law firm to represent you on your application please contact us directly through our website or by calling (832) 792-3636.

This information has been obtained from AILA (American Immigration Lawyers Association) and based on recent USCIS guidelines and FAQs.