Current Status of DACA Renewals
Based on federal lawsuits challenging President Trump’s ending of DACA, the DACA program is currently back in place. This means that current DACA recipients can apply to extend their DACA status.
Normally, USCIS has always advised DACA recipients to renew their applications between 150-120 days prior to expiration; HOWEVER, USCIS has stated that they will accept renewal applications submitted even earlier than 150 days from expiration.
For example, an person who holds DACA status until March of 2019 could still apply for renewal now; however they will receive a two year extension from the date USCIS extends their status. If USCIS extends their status in June of 2018, they would extend it until June of 2020. So, by applying early, a person may receive less than a full two years beyond their current expiration date.
Why Renew Now?
Simple, this window to renew DACA may close in the near future. The fight between lower federal courts and the Trump administration about whether DACA will continue is currently pending before the U.S. Supreme Court, which will have the final word in the dispute. It is hard to predict when the Supreme Court will decide the case. It could happen tomorrow or in months. If the Supreme Court agrees with the Trump administration that ending all parts of the program is legal, then this window to renew applications will be gone.
If I file to renew my DACA and then the Supreme Court “re-ends” the DACA program, will my renewal be decided and approved?
We presume that any applications for extension that are filed before any negative decision by the Supreme Court will be honored (meaning decided and approved if the person continues to meet the DACA requirements). This was the procedure when DACA was first ended by Trump. To subsequently reject DACA extensions filed within this window would create a number of additional legal problems for the Trump administration, so we do not anticipate this happening.
If I have never applied for DACA, but I qualify, can I apply now?
No, unfortunately, the lower federal courts’ decisions did not reopen DACA for new applicants. It only re-opened DACA for current DACA status holders who are applying for extensions.
If I have more questions about DACA, or immigration in general?
Give us a call or email us from our contact form. You will be able to speak to an attorney about your questions. (303) 872-6985.
For the full USCIS “Response to January 2018 Preliminary Injunction” click here.
Photo by Claire Anderson on Unsplash