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DACA UPDATE: USCIS Issues Compliance Notice Confirming Reinstatement of DACA, Acceptance of Initial DACA & Advance Parole Requests Pursuant to Court Order

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We have very thrilling information for our DACA group. Yesterday, December 7, 2020, the United States Citizenship and Immigration Services (USCIS) issued the long-awaited public notice we’ve all been ready for.

Pursuant to a federal courtroom order issued on November 14, 2020, by Judge Nicholas George Garaufis of the U.S. District Court for the Eastern District of New York, which invalidates the July 28, 2020 “Wolf memorandum,” DHS has been ordered to right away reinstate the DACA program to insurance policies that had been in impact previous to September 5, 2017 (the tried rescission of this system by USCIS).


In order to adjust to the federal courtroom order, USCIS has issued an official public discover on its webpage confirming that efficient December 7, 2020 the company will:

  • Accept first-time requests for consideration of deferred motion under Deferred Action for Childhood Arrivals (DACA) based mostly on the phrases of the DACA coverage in impact previous to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Accept DACA renewal requests based mostly on the phrases of the DACA coverage in impact previous to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Accept functions for advance parole paperwork based mostly on the phrases of the DACA coverage previous to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Extend one-year grants of deferred motion under DACA to 2 years; and
  • Extend one-year employment authorization paperwork (EADs) under DACA to 2 years.

Additionally, USCIS will take acceptable steps to supply proof of the one-year extensions of deferred motion and employment authorization paperwork under DACA to people who had been issued documentation on or after July 28, 2020, with a one-year validity interval under the Wolf Memorandum.

With this announcement, DHS will adjust to Judge Garaufis’ order whereas it stays in impact, however the company has acknowledged they might search reduction from the order. Therefore, you need to take benefit and file your preliminary request for DACA and/or advance parole as quickly as doable.


DACA Eligibility Refresher

As a refresher you might file an preliminary request for DACA should you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States earlier than reaching your 16th birthday;
  3. Have repeatedly resided within the United States since June 15, 2007, as much as the current time;
  4. Were bodily current within the United States on June 15, 2012, and on the time of constructing your request for consideration of deferred motion with USCIS;
  5. Had no lawful standing on June 15, 2012;
  6. Are at present in class, have graduated or obtained a cert of completion from highschool, have obtained a basic schooling improvement (GED) cert, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, important misdemeanor, or three or extra different misdemeanors, and don’t in any other case pose a risk to nationwide safety or public security.


How can I discover out if I’m eligible?


For extra details about DACA eligibility please click on here.


Ready to file? Contact our workplace to schedule a one on one, please textual content 619-569-1768 or call 619-819-9204.


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