DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) IS BACK: USCIS to begin accepting new applications as of December 7, 2020

by


On November 14, 2020, Judge Nicholas George Garaufis of the U.S. District Court for the Eastern District of New York issued an opinion regarding the July 28, 2020 memorandum signed by Acting Secretary Chad F. Wolf. On December 4, 2020, Judge Garaufis required the Department of Homeland Security (DHS) to take certain actions to implement his November 14 opinion. As a result, effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:

· 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.

USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under the Wolf Memorandum.

DHS will comply with Judge Garaufis’ order while it remains in effect, but DHS may seek relief from the order.


About The Author

Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. At NPZ Law Group, we are business immigration lawyers who understand that success in today's global marketplace requires a skilled and mobile workforce. We provide our business clients with the legal assistance they require in immigration matters to help them meet their business goals while complying with applicable immigration laws and regulations. We invite you to visit us on the web at www.visaserve.com or to email us at info@visaserve.com or to call us at 201.670.0006 for a consultation.

The NPZ Law Group is US and Canadian immigration law office located in NJ, NY (with affiliated offices in Canada and India). The immigration attorneys and immigration specialist staff at the NPZ!continue to monitor emerging developments in US and Canadian immigration law as the COVID-19 pandemic emergency continues to change the way immigration law will be practiced in the 21st-century.


The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.