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DACA Reinstated, at Least Temporarily

The Trump White House attempted to end DACA on September 5, 2017. Soon after, several states sued in federal court to stop termination of DACA. This past week the court ruled that USCIS must continue to accept certain DACA applications, as detailed below. On Saturday, January 13, 2018 USCIS stated that “until further notice…the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.” Please click here to read USCIS’s announcement.

In practical terms, the new rules for obtaining or maintaining DACA are:

  1. If you have never before been granted DACA, you may not apply for DACA now.

  2. If you previously received DACA, and it expired before Sept. 5, 2016, or your DACA was previously terminated at any time, you may file a new request for DACA (not renewal).

  3. If you previously received DACA, and it expired on or after Sept. 5, 2016, you may file to renew DACA.

  4. USCIS will not accept or approve advance parole requests from DACA recipients.

It is extremely important that you contact an attorney if you were previously granted DACA. The current opportunity to file for DACA could change or disappear once the court issues its final ruling. It is extremely important, therefore, NOT TO DELAY.

The attorneys at Antonini & Cohen are ready to help you. Call 404-523-8141 to schedule an appointment as soon as possible. We will determine your eligibility and then, if eligible, file your new or renewal DACA application quickly.

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