On January 13, 2018, USCIS announced that, per the Court’s ruling of January 9, 2018, issued in a class action lawsuit pending in California Federal Court, USCIS will begin accepting renewal and new DACA and EAD filings immediately. Please note that DHS has appealed the Court’s ruling. Instead of filing the appeal with the 9th Circuit Court of Appeals, DHS has asked the U.S. Supreme Court to hear the appeal. The Supreme Court can hear the appeal or require DHS to go the 9th Circuit. Either way, the District Court’s injunction could be approved or cancelled. If it is cancelled, DHS would stop processing either kind of DACA filing that USCIS receives before such a ruling. In that event, your filing fees likely would not be returned to you.
If you still wish to file a new or renewal DACA, and EAD case now, please note:
Under that ruling, as long as the DACA program continues, the DACA and EAD renewals can be filed by anyone who had DACA and whose status expired on or after 9/5/16.
For anyone who had DACA, but it expired BEFORE 9/5/16, those people can file new cases for DACA and EADs.
The USCIS announcement also stated that USCIS will not accept or approve applications for Advance Parole (the Court specifically said its ruling did not cover those filings).
In addition, USCIS will not accept DACA applications from people who never have had it before.
The filing time frame continues to be between 150 and 120 days prior to expiration, but we understand that USCIS in fact has processed some applications that were filed earlier than that time frame.
Please contact us immediately if you believe you are eligible and want to file either for a new DACA and EAD, or renewal of your prior one.