USCIS Implements DHS Guidance on DACA

USCIS has finally announced the implementation of the new DACA guidelines. Effective immediately, USCIS will:

• Reject all initial DACA applications when the requestor has never been granted DACA in the past,
• DACA renewal requests will continue to be accepted and processed, but only issued for one year at a time (insead of two),
• DACA renewal requests must be submitted within 150 days of the benefit’s expiration date; applications will be rejected if filed more than 150 days prior to the expiration,
• Advance parole (travel permit) applications will be accepted, but will only be granted for “urgent humanitarian reasons or significant public benefit.”

DACA-eligible individuals should remember that challenges to the USCIS’ lack of implementation of the Supreme Court’s decision are still working their way through the courts. If USCIS decides to follow the ruling of the court, the original DACA guidelines (which granted DACA for two years at a time and had a more expansive approach to travel permits), should be in place again.