DACA Update
By Elizabeth Ricci, Esq.
On February 26, the US Supreme Court refused to hear the DACA case. For now, USCIS will still accept DACA renewals about 150-120 days prior to expiration but will not process DACA travel documents or initial requests. In the meantime, the US Court of Appeals will decide the matter.
Travel on DACA was for “humanitarian”, “educational” and or “employment” reasons, not “extreme circumstances” as many mistakenly believed. DACA holders who traveled via an approved Form I-131 may be able to adjust in the US. Those who did not may likely only be able to adjust abroad with a hardship waiver which is not available to those with multiple undocumented entries.
USCIS.gov explains that DACA holders whose DACA expired on or after September 5, 2016 may renew but those whose DACA expired before September 5, 2016 and did not renew, may not renew. Those with terminated DACA may file a new, initial request but must include the date of termination on the Form I-821.
Considering that it there is so much confusion and information regarding DACA, it is imperative to seek experienced immigration counsel.
