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27 March 2015

USCIS Still Granting DACA Under Original 2012 Guidelines

On Feb. 16, 2015, a federal district court enjoined USCIS from implementing the expanded guidelines for Deferred Action for Childhood Arrivals (DACA). But what you may not know is that the court order does not impact our ability to continue processing DACA requests under the original guidelines.

That means DACA is still in effect under the guidelines established in 2012. If you or someone you know if eligible, you should request DACA.

You can still request consideration of a two-year grant of DACA and work authorization for the first time or for renewal.

Under the 2012 guidelines, you may request initial 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 time; 
  • Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  • Had no lawful status on June 15, 2012;
  • Are currently 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 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
You may request renewal of DACA if you met the initial DACA guidelines and you:
  • Did not depart the United States on or after Aug. 15, 2012, without advance parole;
  • Have continuously resided in the United States since you submitted your most recent DACA request that was approved; and
  • Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
It’s important to submit your renewal request 150 to120 days before your current period of DACA and employment authorization expire. If you wait, we might not have enough time to process your case. Don’t take the risk that your current deferred action and work permit will expire. 
 
Visit uscis.gov/daca or uscis.gov/acciondiferida to get all the information you need to request initial or renewal DACA.
 
As always, we encourage you to beware of immigration scams. Visit uscis.gov/avoidscams or uscis.gov/eviteestafas to learn how to protect yourself and how to find authorized legal services.
 
DACA lets you work without fear – if you are eligible, you should come forward with confidence.
 
León Rodríguez
USCIS Director

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