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Federal Court USCIS to Resume Initial DACA Applications

In compliance with the United States Supreme Court decision in on June 18, 2020, the U.S. District Court in Maryland issued an order on Friday July 17, 2020, restoring DACA to its “pre-September 5, 2017 status.”

U.S. Citizenship and Immigration Services (USCIS) has still not announced that it is accepting new DACA applications. However, the Supreme Court and the lower courts have made it clear that DACA is fully restored. This means that USCIS should begin accepting new applications in addition to processing renewals.

It is unclear what future action the Trump administration will take on DACA, but for now, those eligible for DACA may consider applying.

Generally, you may request DACA if you:

  • Arrived in United States before the age of 16;
  • Were under age 31 as of June 15, 2012;
  • Have continuously resided in the United States since June 15, 2007 until present;
  • Were present in the United States on June 15, 2012 and are present at the time you apply;
  • Had no lawful status on June 15, 2012;
  • Are a current student (or completed high school, have a GED, or are an honorably discharged veteran); and
  • Have not been convicted of any serious crimes and do not threaten public safety.

Since there is still uncertainty about what will happen with DACA under the current administration, it is important to consult with an immigration attorney for an individualized assessment of the benefits, risks, and timing of a new DACA application.

At David F. Vedder, P.A., we are Board-Certified in Immigration & Nationality Law, and we have handled more than 11,000 cases in our 40+ years of practice. We are adept at navigating new policies and regulations, and we can help you understand the implications of the recent DACA decisions.

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