Category: DACA (Deferred Action for Childhood Arrivals)



December 4, 2020 Update: DACA Court Order

On December 7, 2020, USCIS responded to the Opinion of Judge Nicholas George Garaufis of the U.S. District Court for the Eastern District of New York from November 14, 2020, and the Judge’s subsequent Order from December 4, 2020. U.S. Citizenship and Immigration Services (USCIS) is: Accepting first-time requests for consideration of deferred action under […]

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June 2020 Update: Is USCIS accepting New Initial DACA Filings?

On June 18, 2020, the US Supreme Court reversed the Trump Administration’s Cancellation of DACA in the Court Case: Department of Homeland Security v. Regents of the University of California (Jun. 18, 2020). The next question should be asked: Is USCIS accepting New Initial I-821 DACA Filings? The Answer, for the time being, is: Yes […]

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When do DACA Holders need an I-601A Hardship Waiver in the Consular Process?

The I-601A Hardship Waiver is a process to forgive Unlawful Presence in the United States in advance to departing the US to attend a Consular Interview abroad at a US Embassy or Consulate. What is Unlawful Present? Unlawful Presence begins at and after the age of 18, and when someone has more than 180 days […]

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Using DACA Advanced Parole to help Adjust Status (I-130/I-485) versus Consular Process

In the recent Department of Homeland Security v. Regents of the University of California (Jun. 18, 2020), the US Supreme Court partly rescinded the Trump Administration cancellation of Deferred Action for Childhood Arrivals (DACA). However, the common question, can DACA Holders use an Advanced Parole Entry (I-94) issued through the DACA in a subsequent Adjustment […]

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