Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injuncti

[The Patriot]

Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction

01-14-2018 09:40 AM

Release Date:
January 14, 2018


Due to a federal court order, U.S. Citizenship and Immigration Services (USCIS) has resumed accepting requests to renew a grant of deferred action under DACA.* Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept.*5, 2017.*

Individuals who were previously granted deferred action under DACA may request renewal by filing Form I-821D (PDF), Form I-765 (PDF), and Form I-765 Worksheet (PDF), with the appropriate fee or approved fee exemption request, at the USCIS designated filing location, and in accordance with the instructions to the Form I-821D (PDF)*and Form I-765 (PDF).* USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA.* USCIS will not accept or approve advance parole requests from DACA recipients.*

If you previously received DACA and your DACA expired on or after Sept.*5, 2016, you may still file your DACA request as a renewal request.* Please list the date your prior DACA ended in the appropriate box on Part 1 of the Form I-821D.

If you previously received DACA and your DACA expired before Sept.*5, 2016, or your DACA was previously terminated at any time, you cannot request DACA as a renewal (because renewal requests typically must be submitted within one year of the expiration date of your last period of deferred action approved under DACA), but may nonetheless file a new initial DACA request in accordance with the Form I-821D and Form I-765 instructions.*To assist USCIS with reviewing your DACA request for acceptance, if you are filing a new initial DACA request because your DACA expired before Sept.*5, 2016, or because it was terminated at any time, please list the date your prior DACA expired or was terminated on Part 1 of the Form I-821D, if available.

Deferred action is a discretionary determination to defer a removal action of an individual as an act of prosecutorial discretion.* Further, deferred action under DACA does not confer legal status upon an individual and may be terminated at any time, with or without a Notice of Intent to Terminate, at DHS’s discretion.* DACA requests will be adjudicated under the guidelines set forth in the June 15, 2012 DACA memo (PDF).*

Additional information will be forthcoming.

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Topics:
Immigration and Citizenship Services


Keywords:
citizenship,
DACA,
immigration,
USCIS




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