USCIS Issues DACA Renewal Instructions Following Federal Court Order

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At a glance

• USCIS will accept renewal applications from foreign nationals who were previously granted DACA benefits.

• Foreign nationals never previously granted DACA benefits are not eligible to file.

• Applications for advance parole will not be accepted from DACA beneficiaries.

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The situation

In the wake of a federal court order, USCIS is once again accepting renewal applications from foreign nationals who were previously granted benefits under the Deferred Action for Childhood Arrivals (DACA) program. Instructions for applicants were posted to the agency’s website late Saturday.

Who is eligible to file?

Foreign nationals who have been granted DACA benefits in the past are generally eligible to file. Those whose benefits expired on or after September 5, 2016 may file a renewal application. Those whose benefits expired before September 5, 2016 or were terminated at any time are also eligible to file; however, USCIS requires them to submit their application as an initial filing because the time period for renewal has lapsed for these applicants.

USCIS will not accept applications from foreign nationals who were not previously granted DACA benefits, and will not accept advance parole applications from DACA beneficiaries.

Impact of ongoing litigation and legislative talks

As we have reported previously, the Trump Administration is expected to appeal the ruling ordering it to accept DACA renewals and could request a stay of the order while the appeal is ongoing. If such a stay is granted, USCIS could cease to accept or adjudicate renewal applications.

The Trump Administration and congressional Democrats and Republicans continue to discuss legislative relief for DACA beneficiaries, though the outcome of these talks is uncertain.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.