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USCIS Begins Accepting First-time DACA applications Following December 4, 2020 Court Order

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Pasricha & Patel

Following the court order issued by the U.S. District Court for the Eastern District of New York on December 4, 2020, the USCIS has posted formal notice on its website that it will start accepting first-time requests for consideration of Deferred Action of Childhood Arrivals (DACA) in accordance with the DACA policy that was in effect before September 5, 2017.

In addition, USCIS will also accept DACA renewal application requests, as well as applications for advance parole documents for those who are eligible for the benefit. Finally, USCIS will also extend one (1) year grant of DACA benefit to two (2) years. USCIS will also extend Employment Authorization Document (EAD) issued under DACA to two (2) years from the initial one (1) year validity.

USCIS will also take steps to provide documentary evidence of the one (1) year extension of DACA and employment authorization documents under DACA to those who were issued approvals after July 28, 2020, with one (1) year validity before this latest court order.

It should be noted that USCIS does indicate in this public notice that the Department of Homeland Security may seek to appeal this district court order. But until they do so, this latest public notice will be in effect.

Due to the fluid nature of this matter, we do encourage readers to continue to check back on our site for any new developments and information.

Should you have any specific questions about this matter or any other immigration-related questions, we suggest you contact our office to schedule formal consultation so that we may assist you further.