On September 5, 2017, President Trump rescinded the Deferred Action for Childhood Arrivals (DACA) program, but left a short window open for certain renewal applications.
Here is what you need to know:
1. If you do not have DACA or a DACA Application pending as of September 5, 2017, you cannot file a new application.
USCIS is not accepting new applications filed after September 5, 2017.
2. If you have DACA and a work permit that expires on or before March 5, 2018, you can renew your DACA status if you file before October 5, 2017.
3. If you have DACA that expires after March 5, 2018, you cannot renew your DACA status. However, your current status and work permit will remain valid until the expiration date.
4. If you filed a DACA renewal before September 5, 2017, USCIS will adjudicate your application.
5. Travel on valid DACA advance parole is risky. If you have DACA and a valid Advance Parole Travel Document you may technically still use the document to travel and return to the U.S. as long as you return BEFORE the document expires. However, even with a valid travel document, CBP can still refuse to let you in. Travel on DACA advance parole is risky and you should speak to an immigration lawyer to evaluate the risk.
6. If you have an application for DACA-based advance parole pending as of September 5, 2017, USCIS will close the application and refund the filing fees.
DACA recipients may have other immigration options – especially those who traveled and returned on advance parole – and it is important to speak with an immigration attorney to understand the options available now and possibly in the future.
