FAQs: Updated Guidance for Deferred Action for Childhood Arrivals (DACA) Recipients (1/13/2018)
On September 5, 2017, the Trump administration announced an end to the DACA (Deferred Action for Childhood Arrivals) program by terminating the program created under President Obama. However, due to a federal court order USCIS announced they will begin accepting DACA renewal applications once again starting January 13th, 2018 for individuals whose DACA expired on or after September 5, 2017.
It is unclear how long individuals will be able to submit renewal applications so if your DACA expires on or after September you should assess if you should apply as soon as possible. If your DACA expired before Sept. 5th you may also be eligible for renewal but you should consult an immigration attorney before submitting the renewal application because the process will be different than the standard.
If you already have DACA, your DACA and work permit will continue to be valid until its expiration date. If you have a DACA application (initial or renewal) that was accepted for processing by U.S. Citizenship and Immigration Services (USCIS) before or on September 5, 2017, the agency will continue with the process of adjudicating your application.
Finally, many individuals who submitted a renewal request within the one-month window between Sept. 5 - Oct. 5, 2017 later received notices that their applications were rejected because they weren't received on time. However, USCIS has now announced that they will allow resubmission of some applications. To see if an application qualifies for reconsideration, read the FAQ below and provided here: https://www.nilc.org/issues/daca/what-can-you-do-if-your-daca-renewal-application-was-rejected-as-not-having-been-filed-on-time/.
Please note that the information in this FAQ is not legal advice. Every person’s situation is different, and you should talk to a qualified immigration lawyer or a Board of Immigration Appeals (BIA)–accredited representative so that you can make the most informed decision for yourself.
Questions and answers provided by National Immigration Law Center.