DACA IS BACK! A federal judge on Friday, December 4th issued an order requiring the Department of Homeland Security (DHS) to start processing DACA applicants’ first-time and renewal requests as well as advance parole applications based on a grant of DACA. The judge ordered DHS to “post a public notice, within 3 calendar days of this Order … that it is accepting first-time requests for consideration of deferred action under DACA.”

The basis for the lawsuit was the fact that Chad Wolf, the Acting Secretary of DHS, had issued a memo last July directing United States Citizenship and Immigration Services (USCIS) to reject all new applications for DACA and to grant DACA renewals for one year only. Wolf, however, was not properly appointed Acting Secretary, so he lacked the legal authority to order the rejection of new DACA applications: “Because Mr. Wolf was without lawful authority to serve as Acting Secretary of DHS, the Wolf Memorandum is VACATED … All parties agree that the DACA program is currently governed by its terms as they existed prior to the attempted rescission of September 2017.”

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Had no lawful status on June 15, 2012;
  6. 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
  7. 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.
ADVANCE PAROLE DACA recipients can once again apply for permission to travel called “Advance Parole”. Advance Parole is an application to USCIS to allow an immigrant to travel outside the United States and return lawfully. Benefits:
  • Ability to travel abroad and return
  • Opportunities to study or work abroad and visit elderly or sick relatives
  • Risky! Some DACA recipients could get stuck outside the U.S.
  • Approved reasons for travel are limited.
  • Time for travel is limited.
Who can apply? USCIS will only approve travel (“advance parole”) for DACA recipients who demonstrate that their need for travel is for “humanitarian, education, or employment” purposes. Humanitarian:
  • Example: Travel to obtain medical treatment, attend funeral services for a family member, or visit a sick or elderly relative.
  • Example: Semester abroad programs or academic research.
  • Example: Overseas assignments, interviews, conferences, training, or meetings for work If you have received DACA and wish to travel for one of these
Weinstock Immigration Lawyers secures, defends, and unites families, opportunities for individuals, and global talents for businesses. We know DACA. Call us to schedule a consultation at 770-913-0800 for assistance with any immigration issue you are facing.

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