On September 5, 2017, U.S. Department of Homeland Security (DHS) announced the rescission of the Deferred Action for Childhood Arrivals (DACA). See here for more information on what DACA is how it will be terminated.
Initial request. The DHS will reject all DACA initial requests and associated applications for Employment Authorization Documents (EAD) filed on or after September 5, 2017. The DHS will no longer approve advance parole requests associated with DACA.
Renewal requests. But what happens with DACA renewal requests and associated applications for EAD from current beneficiaries?
Well, the memorandum of rescission states that the DHS will adjudicate properly filed pending DACA renewal requests and associated applications for EAD “from current beneficiaries that have been accepted by the Department as of the date of this memorandum, and from current beneficiaries whose benefits will expire between the date of this memorandum and March 5, 2018 that have been accepted by the Department as of October 5, 2017.” All other DACA renewal requests will be rejected.
What does this mean?
What if my DACA expired on September 4, 2017? Should it be the case, unfortunately you would not be eligible to file for renewal at this point.
What if my DACA expired on September 5, 2017? Should it be the case, you are still eligible to file for renewal, provided you filed your renewal request on or before October 5, 2017.
What if my DACA expires from September 5, 2017, to March 5, 2018? Should it be the case, you are still eligible to file for renewal. However, you must file your renewal request on or before October 5, 2017.
What if my DACA expires on March 5, 2018? We believe that you are still eligible to file for renewal. However, you must file your renewal request on or before October 5, 2017.
What if my DACA expires on or after March 6, 2018? Unfortunately, if your DACA expires on March 6, 2018, or after that date, the renewal request will be rejected.
Exactly what does it mean for an application to be “accepted” by DHS by October 5, 2017? It is not clear, however, as a general rule in immigration matters, the filing must be received by immigration on or before that specific date. Unlike tax and many other areas of law, the date you send the application is irrelevant. Keep in mind that even minor mistakes in your application – even if it is received on time – could result in it being rejected. For example, in case of failure to properly sign the form or include the exact filing fee.
Stakes are so high you should not only use a lawyer but even familiarize yourself with the letter of the law to be sure that the deadlines are well respected.
For more information on DACA, contact Craig Dobson
