As background, on Oct. 5, 2022 the U.S Court of Appeals for the Fifth Circuit issued a decision on the government’s 2012 Deferred Action for Child Arrivals (DACA) policy. The court partially affirmed the lower court’s July 2021 decision declaring the 2012 DACA policy unlawful.
However, the Court of Appeals preserved the partial stay issued by the lower court in July 2021 and remanded the case back to the lower court for further proceedings regarding the new DHS DACA regulation published on Aug. 30, 2022 and scheduled to go into effect on Oct. 31, 2022.
At this time, this ruling does not affect current grants of DACA and related Employment Authorization Documents. Thus USCIS will continue to accept and process DACA renewal requests, accompanying requests for employment authorization, and applications for advance parole for current DACA recipients. USCIS will continue to accept but not process initial DACA requests.
DACA Eligibility Requirements:
You were under the age of 31 as of June 15, 2012;
Came to the United States before reaching your 16th birthday;
Have continuously resided in the United States since June 15, 2007, up to the present time;
Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
Had no lawful status on June 15, 2012; and
Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
What are my next steps?
The attorneys at Antonini and Cohen Immigration Law Group create and defend the opportunity for individuals, families, and businesses to seek and achieve the American dream. Call us to schedule a consultation at 470-428-3200. When it comes to DACA, WE KNOW HOW.