Jesse J. Bañuelos, a Los Angeles Immigration Attorney
DACA IS BACK
In compliance with an order of a United States District Court, effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:
1). Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
2). Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
3). Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
4). Extending one-year grants of deferred action under DACA to two years; and
5). Extending 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 currently in removal proceedings, or has a final order of removal, 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 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, I-94] in the U.S. since at least June 15, 2012;
5). Must not have yet turned 31 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; has completed a training program that has been recognized by the USCIS, or is currently enrolled in a training program that has been recognized by the USCS; 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].