GOOD NEWS ... DACA REVIVED...
DACA initial applications are now POSSIBLE!
In a press release dated December 7, 2020, USCIS reversed its stance and is now accepting initial DACA applications.
DACA policy as existed on September 5, 2017 is revived by the USCIS because on December 4, 2020 the Federal District Court New York ordered that the USCIS memorandum suspending DACA program was bad law.
BETTER yet...
Daca applications and the employment authorization approved for one-year will now be extended to two years. Consequently, those who received one-year extension of renewal and EAD should be notified that their approval validity is extended for another year.
First time DACA applicants, renewal requests and DACA work permit and advance parole applications all can now be filed.
OLD NEWS...
DACA was terminated by the attorney general as of September 5th, 2017
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Currently...
If you came to the United States as a child and met certain guidelines, you may be eligible for deferral of removal i.e. you may be able to postpone your deportation for two years. You may also be able to apply for employment authorization.
Deferred Action for Childhood Arrival (DACA) relief was announced on June 15, 2012 and many were able to benefit from this program. This helps one who came to the United States as a child (before completing 16 yrs. of age) and was present in the U.S. on June 15, 2007 and is 31 yrs. or less on June 15, 2012.
To qualify for this benefit: the child should have been present in the United States for five years on June 15th, 2012, should be in school and not have had any serious criminal conduct.
DACA grants you employment authorization. That is right! Grant of DACA provides you with the work permit i.e. EAD valid for two years.
Extensions are possible but only if one remains eligible for the benefit. You could ask well, having qualified for the DACA benefit once why would I lose it? The answer is: yes, DACA eligibility can be lost upon having certain criminal record. So, it is a good idea to have your eligibility assessed before filing an extension.
DACA does not provide a lawful status but it does postpone the risk of removal or deportation. Applying for this benefit does bring one to the fore front and should the relief be withdrawn the removal may be closer. This benefit is not an immigration status like a visa or greencard.
Because many can be disqualified from receiving DACA benefit after applying and may face removal prospects, it is good idea to contact an attorney for advice.
