Adisory: DACA Is Back!!

On December 4, 2020, a U.S. District Court for the Eastern District of New York ordered DHS to fully reinstate the DACA program, finding that Wolf's July 2020 memo reconsidering the DACA program must be put aside. The order is effective immediately.

The US District Court in New York has ordered the Department of Homeland Security to post a public notice that it is accepting first-time requests for DACA, renewal requests, and advanced parole requests under the terms of the original program. This is good news for those who missed their chance to file for Deferred Action for Childhood Arrivals in the past.

In other good news, the Court also ordered USCIS to issue deferral action grants and employment authorization in 2-year increments (rather than one year).

Presumably, USCIS will act in good faith and in compliance with the court orders and do what the Court has ordered. There is no guarantee as to when actual processing will occur and things are always subject to further Court modifications.

In my opinion, anybody who has not taken advantage of the DACA program in the past should prepare themselves to take advantage of the DACA program. Preparation is the keyword here...gather any and all documents that prove your continued presence in the United States since your arrival.

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