Deferred Action for Childhood Arrivals Update

Moving Forward

On September 5th, 2017, the Deferred Action for Childhood Arrivals (DACA) initiative was rescinded by the Trump Administration in a controversial decision. Following and in no small thanks to public backlash and protests, it appears that DACA may still stay afloat. The United States Citizenship and Immigration Services (USCIS) has issued new instructions regarding DACA and its applicants.

Unless another federal decision intervenes, the USCIS has resumed and will continue to accept renewed applications for deferred action through DACA. Anyone who has previously been granted deferred action due to DACA may once again apply to the USCIS. People with previous DACA approvals can reapply even if their deferral request expired on or after September 5th, 2016.

Forms needed for a renewed DACA application include:

  • Form I-821D
  • Form I-765
  • Form I-765 worksheet

The USCIS cannot and will not accept deferred action requests from people who have never been given deferral through DACA. It will also not accept any request for advanced parole from a DACA recipient. Applicants whose last deferral expired before September 5th, 2016 may also not request a DACA renewal. However, they can attempt to re-receive DACA deferral through a new application filing; the key difference being that it will not be considered a renewal request.

DACA deferral is largely based on discretion, the USCIS also warned in its updated instructions. The Department of Homeland Security (DHS) maintains the power to strip DACA deferral at any time and without official notice, rendering a DACA recipient vulnerable to removal actions once again.

(For more information regarding the latest DACA update circa January 2018, you can click here to visit the official USCIS website announcement.)

Chicago Immigration Attorneys – 312.702.1782

Do you have questions about DACA, how to apply, and whether or not you can gain another deferral from removal actions? Get all the answers and representation you need to navigate such a sensitive immigration law issue by working with Milla & Associates, LLC and our Chicago immigration attorneys. Contact us today to put a free consultation on your calendar and get started towards a more secure tomorrow in America.