DACA FAQs

What does the Supreme Court DACA decision mean for an immigrant?

The Supreme Court decision in DHS v. Regents of the University of California vacated the 2017 cancellation of the DACA program.

USCIS must continue to process the following types of DACA requests:

  1. People Who Currently Have DACA: These recipients can file a renewal DACA request.
  2. People Whose DACA Expired One Year Ago or Less: These recipients may still file a renewal DACA request.
  3. People Whose DACA Expired More Than One Year Ago: These Recipients cannot file a renewal DACA request but may file an initial DACA request.
  4. People Whose DACA Was Terminated: These recipients may file an initial DACA request.

The Supreme Court DACA decision restores the program fully to the form in which it existed before the rescission.

If you have any questions, please call us for a consultation at 855-554-6369.
Watch the video here

Can I get DACA if I had never applied for it before?

The 2017 Trump administrations attempted cancellation of DACA resulted in people otherwise eligible for DACA not being able to apply for DACA if they had not already obtained it before the rescission.

The Supreme Court’s June 18, 2020 DACA decision requires DHS to maintain the DACA program unless and until DHS follows correct procedure to terminate it. As a result, USCIS should immediately publish guidance on processing new, initial DACA applications.

Understandably, folks are looking to apply as soon as possible.

Before filing we are advising our clients to consider the following:

  1. USCIS has published no guidance on processing a new initial DACA application.
  2. The application may be rejected
  3. USCIS officers may accept the initial DACA applications but then deny them. Keeping your filing fee.
  4. The possibility that the Trump administration may try to terminate the DACA program again

Currently, we are taking on clients to help them apply for DACA. If you have any questions, please call us for a consultation.

If you have any questions, please call us for a consultation at 855-554-6369
Watch the video here

Can I get DACA advance parole if I have or get DACA?

In this video we are going to discuss the Impact of recent Supreme Court decision and whether you could get Advance Parole if you had or get DACA.

Parole is a legal mechanism that allows a person to enter the United States legally.

Advance Parole allows a person to obtain permission to reenter in advance prior to leaving the United States. This mechanism was used by many DACA recipients to leave the US and then reenter legally. This allowed for those with an immigrant visa to apply to get their green card while in the United States.

The Court’s June 18, 2020 decision requires DHS to maintain the DACA program unless and until DHS follows correct procedure to terminate it. Because advance parole based on DACA was a part of the 2012 DACA program, USCIS should immediately publish guidance on processing advance parole applications filed by DACA recipients.

Before filing an Advanced Parole, application based on DACA we are advising our clients to consider the following:

  1. USCIS has published no guidance on processing a DACA Advanced Parole application.
  2. The advanced parole application may be rejected
  3. USCIS officers may accept the advanced parole applications but then deny them. Keeping your filing fee.
  4. The possibility that the Trump administration may try to terminate the DACA program again. You may be outside the United States at that time.
  5. Even with Advanced Parole you can still be denied re-entry by a Customs and Border Patrol (CBP) officer. This would result in being stuck outside of the United States.

If you have any questions, please call us for a consultation at 855-554-6369

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