Any lawful status that you had after June 15, 2012, expired or otherwise terminated before you submitted your request for DACA.Any lawful immigration status or parole that you obtained had expired as of June 15, 2012, and.You never had a lawful immigration status on or before June 15, 2012, or.

Had no lawful immigration status on June 15, 2012, and at the time of filing your request for DACA, meaning that:.

Were physically present in the United States on June 15, 2012, and at the time of filing your request for DACA with USCIS.

Have continuously resided in the United States since June 15, 2007, up to the time of filing your request for DACA.

Came to the United States before reaching your 16th birthday.

Were under the age of 31 as of J(that is, you were born on or after June 16, 1981).

14, 2022 was extended by the district court to the DACA final rule, remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization under the final rule.Ī request for DACA may be granted only if USCIS determines in its sole discretion that you meet each of the following threshold criteria and merit a favorable exercise of discretion: Court of Appeals for the Fifth Circuit, and on Oct. District Court for the Southern District of Texas, which was affirmed by the U.S. Please note: While a July 16, 2021, injunction (PDF, 401.59 KB) from the U.S. You may request DACA for the first time or renew your existing period of DACA if it is expiring. This page provides information on requesting Consideration of Deferred Action for Childhood Arrivals (DACA). USCIS will continue to accept and process applications for advance parole for current DACA recipients and will continue to accept but not process initial DACA requests. District Court for the Southern District of Texas issued an order extending its injunction and partial stay to the DACA final rule.Īt this time and while the stay remains in place, current grants of DACA and related Employment Authorization Documents are valid, and USCIS will accept and process renewal DACA requests and accompanying requests for employment authorization under the final rule. The Fifth Circuit, however, preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court for further proceedings regarding the new DACA rule. District Court for the Southern District of Texas declaring the 2012 DACA policy unlawful. Court of Appeals for the Fifth Circuit affirmed a July 2021 decision of the U.S. Please see the DACA Litigation Information Page for important updates and information related to court rulings on the DACA policy. District Court for the Southern District of Texas, which extended its injunction and partial stay to the DACA final rule.įor more information, see the News Release. DHS is currently prohibited from granting initial DACA requests and related employment authorization under the final rule due to the Oct.

We will also continue to accept and process applications for advance parole for current DACA recipients, and we will continue to accept but not process initial DACA requests. 31, 2022, we will accept and process renewal DACA requests and accompanying requests for employment authorization under the final rule, consistent with court orders and an ongoing partial stay. If you have a pending renewal application, you do not need to reapply.Įffective Oct. 31, currently valid grants of DACA, related employment authorization, and advance parole will continue to be recognized as valid under the final rule. The final rule generally codifies existing policies with limited changes to preserve and fortify DACA. While the new rule will apply to applications considered as of Oct. 31, 2022, to the extent permitted by current court orders.

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