USCIS Publishes Guidelines for DACA Renewals

On January 13, 2018, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) published new guidelines for Deferred Action for Childhood Arrivals (DACA) in accordance with the preliminary injunction entered on January 8, 2018, by U.S. District Judge William Alsup for the Northern District of California.

Under the new guidelines, USCIS will not accept new initial DACA filings. USCIS will only process DACA renewal applications for those applicants who currently hold DACA, or who have hold DACA in the past. Individuals whose grant of DACA is current, or whose grant of DACA expired on or after September 5, 2016, are now able to file renewal requests. 

DACA holders whose period of deferred action expired before September 5, 2016, may file renewals in accordance with the new initial DACA request guidelines.

USCIS instructs applicants to apply for renewal between 150 days and 120 days before their current DACA period expires. We are awaiting further guidance regarding the procedure for review of DACA applications filed outside of the 150-day window.

It is important to discuss your case with an attorney before filing an application for DACA renewal to ensure that you are eligible, and that your application complies with current legal requirements. If you have any questions about your eligibility to file for DACA, please contact Murphy Desmond at (608) 270-5550 to schedule an immigration consultation with Attorney Glorily A. López or Attorney Maryam Ghayyad.