A federal judge on Friday ordered the government to restore the DACA (Deferred Action for Childhood Arrivals) program. Even people who have never applied for DACA before can now apply. In addition, work authorization cards will be valid for two years, and travel on advance parole will be more widely available.
We know there has been a lot of conflicting news about DACA, but this time we believe that this decision will not be overturned. Even if the government appeals this decision to a higher court, once President-Elect Biden becomes the President on January 20, 2021, he will ensure that the DACA program is protected.
The judge also ordered the government to post prominently on their website that they are now accepting new DACA applications. As of December 8, 2020, USCIS updated their website confirming that USCIS will now be:
- 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;
- 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;
- 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;
- Extending one-year grants of deferred action under DACA to two years; and
- Extending one-year employment authorization documents under DACA to two years.
You may request DACA if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of filing your DACA application;
- Had no lawful status on June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
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