USCIS Implements New Rule for DACA

USCIS Release - 8/24/2020

The United States Citizenship and Immigration Services today provided guidance on how the July 28 memo from Acting Secretary of Homeland Security Chad Wolf regarding the Deferred Action for Childhood Arrivals (DACA) policy.

Under the implementation guides From USCIS, we will reject all initial DACA requests from foreigners who have never received DACA before and will refund all fees. Denials will be without prejudice, which means that aliens can reapply if USCIS begins accepting new petitions in the future from aliens who have never received DACA. USCIS accepts petitions from foreigners who had previously received DACA and will also accept advance parole requests that are properly filed at the address specified on the website. Direct Filing Addresses for Form I-131.

In cases of approvable DACA renewal petitions, USCIS will limit deferred action and employment authorization grants under DACA to no more than one year, but will not rescind any DACA grants that are currently valid for two years or authorization documents related to these, unless USCIS cancels the alien's DACA because it does not continue to meet the DACA criteria (see 2012 Memorandum), including among these, that does not justify the favorable exercise of procedural discretion. USCIS will replace two-year EADs that have been stolen or lost or damaged, with the same two-year validity period provided the replacement EAD application is approvable.

Generally, USCIS will reject applications received more than 150 days in advance of the current DACA expiration date. DACA holders must submit their renewal requests 150-120 days before their current DACA expires.

USCIS will only grant advance parole to travel outside of the United States to DACA recipients in accordance with the new guidelines, which establish the determination that advance parole is granted for urgent humanitarian reasons or significant public benefit pursuant to government statute. The agency will not cancel any previously issued advance parole documents unless there is another legal reason for doing so. However, as has always been the case, obtaining a temporary stay permit in the United States is not guaranteed. In all cases, foreigners will still be subject to immigration inspection at a port of entry to determine if they are eligible to enter the United States.

The determination to grant advance permission to an alien is at the sole discretion of USCIS and should be made on an individual case-by-case basis. USCIS will evaluate all the factors presented in individual cases before determining whether to approve advance parole for a DACA recipient based on the new guidelines. Some examples of the exceptional circumstances that warrant approval include, but are not limited to, situations such as:

• Travel to support the national security interests of the United States;
• Travel to support United States federal law enforcement interests;
• Travel to obtain life-sustaining medical treatment that is not otherwise available to an alien in the United States, or
• Travel necessary to support the immediate safety, well-being, or care of an immediate family member, particularly minor children from abroad.

Even if a petitioner shows that their situation meets one of the examples described above, USCIS may still deny the request for advance parole, at its discretion, under the totality of the circumstances.

CAUTION: If you have traveled or traveled out of States on or after August 15, 2012, without first obtaining advance parole, your departure automatically cancels your deferred action under DACA.