Sunday 29th November 2020

USCIS Comes Up With Guidance on DACA Implementation

By N24 Staff Writer, LOS ANGELES:- The United States Citizenship and Immigration Services (USCIS) has provided guidance on how it would implement Acting Secretary of Homeland Security Chad Wolf’s July 28 memorandum regarding the Deferred Action for Childhood Arrivals (DACA) policy.

According to a USCIS statement, the USCIS under its implementing guidance, will reject all initial DACA requests from aliens, who have never previously received DACA and return all fees.

“The rejections will be without prejudice, meaning aliens will be able to reapply should USCIS begin accepting new requests in the future from aliens who never before received DACA,” said the statement.

The USCIS, at the same time, will continue to accept requests from aliens, who had been granted DACA at any time in the past and will also accept requests for advance parole that are properly submitted to the address specified on the Direct Filing Addresses for Form I-131 webpage.

For approvable DACA renewal requests, the USCIS will limit grants of deferred action and employment authorization under DACA to no more than one year, but will not rescind any currently valid two-year grants of DACA or associated employment authorization documents (EADs), unless USCIS terminates an alien’s DACA for failure to continue to meet the DACA criteria, including failure to warrant a favorable exercise of prosecutorial discretion.

The USCIS will further replace two-year EADs that are lost, stolen or damaged with the same facial two-year validity period assuming the EAD replacement application is otherwise approvable.

The USCIS will generally reject requests received more than 150 days before the current grant of DACA expires. The DACA recipients should file their renewal request between 150 and 120 days before their current grant of DACA expires.

The USCIS will only grant advance parole for travel outside the United States to DACA recipients pursuant to the new guidance, which provides for a determination that parole of the alien is for urgent humanitarian reasons or significant public benefit in keeping with the governing statute.

The agency will not rescind any previously granted advance parole documents unless there is another legal reason to do so. However, as has always been the case, parole into the United States is not guaranteed. In all cases, aliens are still subject to immigration inspection at a port-of-entry to determine whether they are eligible to come into the United States.

“The determination whether to grant advance parole to an alien is entirely within the discretion of the USCIS and must be made on a case-by-case basis. The USCIS will review all the factors presented in individual cases before determining whether to approve advance parole for a DACA recipient based on the new guidance,” said the USCIS.

Some examples of circumstances that may warrant approval include, but are not limited to, situations such as: travel to support the national security interests of the United States and travel to support U.S. federal law enforcement interests and travel needed to support the immediate safety, well-being or care of an immediate relative, particularly minor children of the alien, added the USCIS.

Children of undocumented parents were provided protection in the US under the DACA program in 2012. DACA aims to ensure that children who immigrated with their parents, will not have to suffer just because of their parents not having the valid legal documents.

Published On: August 25, 2020

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