On August 10, 2016 the U.S. Citizenship and Immigration Services (USCIS) announced that some requests for renewal of Deferred Action for Childhood Considerations (DACA) filed between February 14, 2016 and May 16, 2016 were delayed due to technical difficulties and may fall outside of expected processing times. This may result in DACA renewal requests, whether filed timely (120 days or more before expiration) or untimely (120 days or less before expiration), not being adjudicated before the expiration of the previous grant of deferred action and employment authorization.
DACA, announced by the Secretary of Homeland Security on June 15, 2012, focused on certain individuals who came to the United States as children and met several guidelines. These individuals may request consideration of deferred action for a period of two (2) years, subject to renewal. They are also eligible for work authorization. DACA is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time and does not provide lawful status.
You may file a request for DACA if 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 day;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of DACA with USCIS;
- Had no lawful status on June 15, 2012;
- Are currently enrolled 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; and
- Have not been convicted of a felony, significant misdemeanor, or three (3) or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
If you believe your DACA renewal application has been affected by these delays and your request has been outstanding for more than 105 days, contact our office for expert assistance.