Clarification: New DACA Applications
(Last updated April 25, 2018)
Questions? Need a lawyer? Call the New Americans Hotline at 1-800-566-7636
On April 24, 2018, a federal judge ruled that the Trump Administration’s decision to end DACA was “arbitrary and capricious”, and ordered the government to provide additional justifications for that decision within 90 days. If the government fails to do so, the order calls for the DACA program to be completely restored, including a requirement that USCIS accept new, initial DACA applications. HOWEVER: this last part of the order is not in effect yet! Currently, only DACA renewal applications will be accepted, do not attempt to submit a new application. If after 90 days the full program is re-opened, this page will be updated with new information.
Please see below for details on who can apply to renew their DACA today.
USCIS Currently Accepting DACA Renewal Applications
On January 13, 2018, in response to an order from a federal court, USCIS re-opened the application window for DACA renewals. Instructions for potential applicants can be found here. It is important to note that only individuals who have or have had DACA in the past are eligible to apply at this moment: no initial applications will be accepted. In addition, the rules for how to submit applications are different depending on when a person’s DACA status has expired or will expire in the future.
For more information, applicants are encouraged to review the instructions published by USCIS and detailed guidance provided by the National Immigration Law Center and United We Dream, and to consult with an attorney if possible.
Información Acerca De Acción Diferida Para Llegados En La Infancia (DACA)
Clarificación: Aplicaciones por primera vez de DACA
(Actualizado Abril, 25 2018)
Preguntas? Necesita un abogado? Llame a la Oficina de Nuevos Americanos al 1-800-566-7636
El 24 de Abril de 2018, un juez federal dictaminó que la decisión de terminar DACA por parte de la Administración de Trump es “arbitraria y caprichosa”, y ordenó al gobierno a que diera justificaciones adicionales para esa decisión en un plazo de 90 días. Si el gobierno no lo hace, la orden requiere que el programa de DACA sea completamente restaurado, incluyendo un requerimiento de que USCIS acepte aplicaciones de DACA nuevas o por primera vez. SIN EMBARGO: Esta última parte de la orden ¡no está en efecto aun! Actualmente, solo renovaciones de DACA serán aceptadas. No intente presentar una aplicación por primera vez. Si después de 90 días el programa se vuelve a abrir, esta pagina sera actualizada con más información.
USCIS actualmente recibe aplicaciones de renovación de DACA
El 13 de Enero del 2018, en respuesta de una orden de la corte federal, USCIS reabrió la ventana para aplicaciones de renovación de DACA. Instrucciones para aplicantes se puede encontrar aquí. Es importante tomar en cuenta que solo personas que tienen o han tenido DACA en el pasado son elegibles para aplicar en este momento: no se aceptarán aplicaciones por primera vez. Adicionalmente, las reglas de como enviar las aplicaciones son diferentes dependiendo de cuando el estado de DACA de una persona ha expirado o está por expirar en el futuro.
Para más información, se anima a los solicitantes a que revisen las instrucciones publicadas por USCIS y la guía detallada proporcionada por National Immigration Law Center and United We Dream, y se recomienda consultar con un abogada si es posible.
NYIC Clarifies USCIS Guidance on Resubmitting Rejected DACA Renewals
(Last Updated December 7, 2017)
On November 10th, the New York Times published a story revealing that at least hundreds of DACA applications that had been timely mailed to meet the sudden October 5th deadline for last-chance renewals had been rejected due to mail errors. In a deposition, USCIS officials admitted that up to 4,000 applications had been rejected. The New York Immigration Coalition, through its legal service provider collaborative Immigrant ARC, had been tracking these rejections for at least a week prior to the story being published and noticed that rejections fell into three main categories:
- Renewal applications that arrived at the post offices by October 5th but were not accepted by USCIS until October 6th. This issue seemingly affected all three USCIS lockboxes that handle applications being submitted from all over the country;
- Renewal applications that were mailed with sufficient time to be delivered to the Chicago Lockbox but were delayed for days or weeks because of a mail delivery system error later admitted to by the US Postal Service;
- Renewal applications that contained actual or alleged clerical issues such as blank fields, erroneous boxes being checked, or the wrong amount written on checks and were rejected for those reasons, contrary to past standard practices by USCIS. Some of these applicants were invited to re-submit corrected applications that were ultimately rejected.
The FAQs published by USCIS on November 30th pertain only to groups 1 and 2 above - applications who’s tracking information shows they were received at the post office by the October 5th deadline but were not accepted by USCIS until the following day, and applications that were delayed because of mail service issues at the Chicago Lockbox.
The FAQs do not apply to the last group: applications rejected because of clerical errors, even if they were invited to re-submit correction applications.
Individuals whose applications were delivered by the October 5th deadline but for some reason were not accepted by USCIS until October 6th will be mailed a letter from USCIS. They must re-submit the application within 33 calendar days of receiving the letter. Individuals who do not receive a letter from USCIS but believe their application was delivered on time can email the lockbox support at [email protected]. However, providers so far are reporting delays of over two weeks in response time from this email.
USCIS is working with the US Postal Service to identify the applications affected by the mail delivery delay. USPS expects to complete their review by mid-December, 2017, and USCIS expects that they will be able to notify affected applicants by letter a week after the USPS review is concluded. Those individuals will also have 33 calendar days to re-submit their applications.
The NYIC will continue to work with our members and partners, including Immigrant ARC, to urge USCIS to accept all rejected applications that were filed in a good faith effort to comply with the arbitrary and rushed deadline imposed upon them. We also urge the administration and Congress to come to a quick understanding to find a long-term solution for DACA recipients, whose lives have been upended by the Administration’s rash decision to end DACA and its subsequent refusal to minimize the damages caused by government agency errors and malfunctions.
USCIS is indicating that they will not grant DACA renewals retroactively, even for individuals who's DACA applications should have been renewed before the expiration of their current grant but for the mail delivery errors.
The NYIC will continue to update our members and partners with information on this issue as it becomes available, please check this page for updated information.
LAST UPDATED: January 25th, 2018