DACA Under the Biden Administration

What is Biden’s Position On DACA?

On January 20, 2021, the Biden administration ordered the Department of Homeland Security to preserve and fortify the Deferred Action for Childhood Arrivals (DACA) program.

President Biden has indicated that he will send the U.S. Citizenship Act of 2021 to Congress. The bill proposes that DACA recipients who meet specific criteria should be immediately eligible for green cards. After three years, all green card holders who pass additional background checks and demonstrate knowledge of English and U.S. civics can apply to become U.S. citizens.

Where Does DACA Stand Now?

As of January 22, 2021, USCIS is doing the following:

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. 

Who Is Eligible For DACA?

You are eligible for DACA if you meet the following criteria:

1. Came to the United States under the age of sixteen;
2. Have continuously resided in the United States for a least five years prior to June 15, 2012;
3. You were present in the United States on June 15, 2012;
4. You are currently in school, have graduated from high school, have obtained a general education development certificate (GED), or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
5. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and
6. Were under the age of thirty-one on June 15, 2012.

Are You Qualified to Remain in the U.S.? Contact an Immigration Lawyer for Help

If you have questions about your eligibility to remain in the United States, please contact our office. We can schedule an evaluation or attorney consultation to answer your immigration questions. Contact Godoy Law Office at 630-912-0322, our skilled immigration lawyers in Chicago, Lombard and Oak Brook can answer any questions about immigration and guide you through every step of the process.

Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties. 

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