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Impact of SCOTUS decision on DACA

06/22/2020.     Impact of SCOTUS decision on the DACA program

Although the recent decisions by SCOTUS upholding the DACA program, USCIS as of date has not updated their guidelines for accepting new DACA applications. Check USCIS.gov for most recent updates on the DACA program and guidelines.

Currently, under the SCOTUS decision, USCIS must continue to process the following types of DACA requests:

Who CAN APPLY:

  • People Who Currently Have DACA: Current DACA recipients can file a renewal DACA request.
  • People Whose DACA Expired One Year Ago or Less: Recipients whose previous DACA expired one year ago or less may still file a renewal DACA request.

WHO CANNOT APPLY:

  • People Whose DACA Expired More Than One Year Ago: Recipients whose previous DACA expired more than one year ago cannot file a renewal DACA request but may file an initial DACA request.
  • People Whose DACA Was Terminated: DACA recipients whose previous DACA was terminated at any point cannot request DACA as a renewal but may file an initial DACA request.

In order to comply with the Court’s order, USCIS will have to publish guidance on processing the following applications that were suspended under prior court orders.

*Until USCIS has published updated guidelines on the DACA program, individuals who have not previously been granted DACA should not apply without prior consultation with an experience immigration attorney.

Contact Patel Law P.L.C. for a consultation to discuss whether you are eligible to file for a new or renewal application under the DACA program. Call (602) 266-2169.

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