Jesse J. Bañuelos, a Los Angeles Immigration Attorney
A CHANGE IN DACA
In compliance with an order of a United States District Court effective July 16, 2021, U.S. Citizenship and Immigration Services (USCIS) will:
1). no longer accept first-time requests for consideration under the Deferred Action for Childhood Arrivals (DACA) program;
2). continue to accept DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017;
3). continue to accept applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017;
4). extend one-year grants of deferred action under DACA to two years; and
5). extend one-year employment authorization documents under DACA to two years.
USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under the defunct policy.
1). Be at least 15 years of age at the time of the filing of the DACA application, except that a youth who is in removal/deportation proceedings, has a final order of removal/deportation, or a voluntary departure order, can apply for DACA even if he is under the age of 15;
2). Came to the U.S. on or before June 15, 2007;
3). Came to the U.S. before his 16th birthday;
4). Has continuously resided in the U.S. since at least June 15, 2007, and has had no legal immigration status [such as TPS, a tourist, etc.] in the U.S. since at least June 15, 2012;
5). Must not have turned 31 years old as of June 15, 2012;
6). Was in the U.S. on June 15, 2012, and will be in the U.S. on the date that the DACA application is filed;
7). Has graduated from high school, or is currently enrolled in high school; has obtained a GED certificate, or is enrolled in a program to obtain a GED; has completed a training program that has been recognized by the USCIS, or is enrolled in a training program that has been recognized by the USCIS; or has been honorably discharged from the armed forces of the U.S.; and
8). Has not been convicted of any felony, three of more misdemeanors, or of a significant misdemeanor. The significant misdemeanors include the following:
a). domestic abuse;
b). sexual abuse;
c). unlawful possession of a firearm;
d). driving under the influence of alcohol/drugs;
e). burglary; and
f). any other misdemeanor for which the applicant received a sentence of at least 90 days in jail.
[NOTE: If an applicant has been convicted of a significant misdemeanor/if he has been convicted of three or more non-significant misdemeanors, the best way to proceed would be to file petitions in court to have those convictions expunged].