Key Points

  • USCIS will not accept new DACA applications
  • USCIS will continue to accept applications from past DACA recipients
  • USCIS will authorize advance parole only for humanitarian reasons, public interest, and emergencies
  • Grants for deferred action and employment authorization are reduced from 24 months to 12 months

Overview

Overview U.S. Citizenship and Immigration Services (USCIS) has issued implementing guidance for the Deferred Action for Childhood Arrivals (DACA) program policy. The new guidance will remain in effect while the Department of Homeland Security considers the fate of the DACA program.

Will USCIS Accept New Daca Applications?

USCIS will deny new DACA applications for individuals who were not previously enrolled in DACA. It will return all application fees for denied applications. Applicants will be allowed to apply in the future if USCIS opens the program for new requests.

Adjudicating DACA Applications and Related Employment Authorization Applications

Although it is not accepting new applications, USCIS will continue to accept requests from individuals who have received DACA support in the past. It will also accept requests for advance parole. For approved DACA renewal requests, grants for deferred action and employment authorization will be limited to one year. The agency will not revoke any currently valid two-year grants for DACA or related employment authorization documents (EADs) unless the recipient fails to continue to meet DACA criteria.

Limitations on Advance Parole

USCIS will grant advance parole for travel outside the United States on a case-by-case basis. Generally, travel will only be permitted for DACA recipients whose parole is attributed to urgent humanitarian reasons, health emergencies, or a significant public benefit.

Circumstances that qualify for parole may include:

  • Travel to support the national security and interest of the United States
  • Travel to obtain life-saving medical treatment
  • Travel to support the safety or health of an immediate family member
  • Travel to support U.S. federal law enforcement interests

USCIS will review all of an individual’s factors for requesting advance parole before deciding whether or not to grant the applicant approval. Individuals who travel outside the U.S. before receiving advance parole will be disqualified from the DACA program.

Application Deadlines

USCIS notes that DACA recipients should file their renewal requests 120 to 150 days before their current DACA grant expires. USCIS will likely reject requests submitted more than 150 days before a current DACA grant’s expiration.