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DACA Updates

Past The October 5, 2017 Deadline

January 13, 2018, Update: Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on September 5, 2017. If you previously received DACA and your DACA expired on or after September 5, 2017, you may still file your DACA request as a renewal.request. USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. USCIS will not accept or approve advance parole requests from DACA recipients.

Please download and refer to the USCIS memo: Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction (pdf) dated January 16, 2018 or visit the NAFSA DACA Resource webpage for updated information.

You will need Adobe Acrobat Reader to view any pdf files. It can be download for free from the Adobe website.

Work Authorization and Deferred Action

If the above-mentioned renewal application is approved, your DACA benefits should be extended for two years, consistent with longstanding USCIS policy. You may work until your EAD expires, even if that occurs after the DACA program terminates on March 5, 2018.

If you are not eligible to file for renewal, you may only work and receive deportation relief until your EAD expires.

Even if your EAD is valid, however, DHS has the discretion to terminate your work authorization and deportation relief - known as deferred action - at any time it deems appropriate.

Looking Ahead: Beyond The October 5, 2017 Deadline

The Administration postponed the termination of DACA until March 5, 2018 to allow Congress time to pursue a legislative solution for current beneficiaries. Though there is bipartisan support for permanent DACA relief and several bills are already pending in Congress, debate within the Republican party as well as a busy legislative calendar means that the prospects for passage of legislation remain uncertain.

Because a legislative solution cannot be guaranteed, DACA beneficiaries should make sure to file a timely renewal application if eligible and to discuss other possible U.S. immigration options with a qualified attorney:

You will need Adobe Acrobat Reader to view any pdf files. It can be download for free from the Adobe website.

International Travel

If you have been approved for DACA benefits and hold a valid advance parole (AP) document, you are eligible to travel abroad and reenter the United States, but travel is strongly discouraged because reentry is never guaranteed.

If you do not have AP or your AP application is pending, you will be unable to travel abroad and reenter. USCIS is no longer accepting or adjudicating DACA requests for AP. Pending applications will be closed and filing fees returned.