DACA is Ending. Read Responses to Frequently Asked Questions.
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Deferred Action for Childhood Arrivals (DACA) is ending!
The President’s announcement on September 5, 2017, and issuance of an official memo, will end DACA.
The official memo is here: https://www.dhs.gov/news/2017/09/05/memorandum-
rescission-daca
Please consult with an experienced immigration lawyer if you currently have DACA status. The lawyer will explore if you might be able to get permanent immigration status through another way, especially if you are married to a U.S. citizen or Lawful Permanent Resident, have been the victim of a crime inside the U.S., or are under 21 years old.
Can I apply for DACA for the first time now?
No, the government will NO LONGER accept initial, or first-time DACA applications and work permit applications based on DACA as of September 5, 2017. Starting on September 5, 2017, the government will reject all DACA initial requests and associated applications for Employment Authorization Documents filed as of that
date.
What if I already filed an initial DACA application received BEFORE September 5, 2017?
The government will accept and decide on your DACA application and associated Employment Authorization Documents on an individual, case-by-case basis that has been accepted by the Department as of the date of that date. You can tell if it was received before that date by looking at your receipt notice for your form I-821 or Category 33 work permit application.
My DACA will be expiring, can I renew it?
Maybe. You should consult with an experienced immigration lawyer to see if you qualify to renew. If you ALREADY have DACA status and your DACA status expires between September 5, 2017, and March 5, 2018, you can file a for renewal, but the application must be accepted (or receipted) by the government as of October 5, 2017. The government WILL decide on your application on an individual, case-by-case basis.
What if my DACA status expires after March 5, 2018?
As of September 5, 2017, we are unsure what will happen. However, the government has made clear that your work permit based on DACA will NOT be terminated, or canceled, before the expiration date as listed on the work permit.
Can I apply for advance parole (travel outside of the U.S.) based on DACA?
No, as of September 5, 2017, no new advance parole (filed on form I-131) based on DACA status will be accepted.
What if I have an advance parole application based on DACA currently pending?
It will be denied. The pending applications will be administratively closed, and the government will refund all associated fees with that application.
What if my advance parole application based on DACA was already approved as of September 5, 2017, is currently valid, but I have not yet traveled outside of the U.S.?
It may be risky to travel. The memo states that the government will “generally honor” the stated validity period for previously approved applications for advance parole. Regardless, CBP can deny you entry at the border and USCIS retains the authority to revoke or terminate an advance parole document at any time.
