On January 13, 2018, the U.S. Citizenship and Immigration Service (USCIS) posted instructions for DACA applicants to resume filing applications. Following Judge Alsup’s federal court order, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017. See here for more information on what is DACA and why it was rescinded.
Until further notice, and unless otherwise provided in the USCIS’s guidance, individuals who were previously granted deferred action under DACA may request renewal.
If you previously received DACA and your DACA expired on or after Sept. 5, 2016, you may still file your DACA request as a renewal request.
If your DACA expired before Sept. 5, 2016, or your DACA was previously terminated at any time, you cannot request DACA as a renewal (because renewal requests typically must be submitted within one year of the expiration date of your last period of deferred action approved under DACA), but may nonetheless file a new initial DACA request.
If you have never had DACA before, you remain ineligible to apply.
USCIS’s Deferred Action for Childhood Arrivals response to January 2018 Preliminary Injunction is available at https://www.uscis.gov/humanitarian/deferred-action-childhood-arrivals-response-january-2018-preliminary-injunction
Judge Alsup’s Preliminary Injunction dated January 9, 2018
If you believe this recent order may affect you, contact an immigration lawyer immediately. It is possible that an appellate court with overturn the judge’s decision either partially or completely, making you once again ineligible to file.
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