DACA Frequently Asked Questions

Themes/Topics: Law & Policy

Geography: California, National

Audience: Ally, Educator, Undocumented Youth

Are you curious about the current status of DACA? On July 16, 2021, a Texas federal court ruled that DACA is illegal. While appeals are pending, it is important to know how it impacts the program now.

1. I’ve never had DACA. Can I apply for DACA for the first time?

Unfortunately, no first-time DACA applications will be processed at this time. Although USCIS will still accept applications from people applying for DACA for the first time, the court order prevents USCIS from processing or approving these applications. This means that if you do submit a first-time application, USCIS will keep the $495 and will not take action on your application.

2. If I have DACA right now, can I still renew?

Yes, if you have DACA right now or have had it in the past, you can still renew. The United States Citizenship & Immigration Services (USCIS) recommends that you submit your renewal between 150 to 120 days from the expiration date of your current DACA.

3. Can I apply for Advance Parole?

Yes. Advance Parole is still available to current DACA recipients. Advance Parole will only be granted for humanitarian, educational, and employment purposes. Some examples of this are traveling to visit a sick relative (humanitarian), study abroad programs through school or academic research (educational), or conferences and trainings (work).

NOTE: Advance Parole applications must be approved BEFORE traveling outside of the U.S. Being granted Advance Parole does not guarantee re-entry. It is important that you speak with an immigration attorney to understand your situation before traveling outside of the U.S.

4. Where can I get support in filling out my DACA application?

We encourage you to visit ImmigrationLawHelp.org to find nonprofits which may offer free or lower fee services than private attorneys. You can also visit AILALawyer.com to find private attorneys who may be able to respond to your needs more quickly.

5. Where can I get information about immigration options beyond DACA?

If you are curious to know what immigration options you may be eligible for beyond DACA, you can fill out our free, anonymous, and confidential Immigration Legal Intake Service (ILIS) online screening.

References:

Immigrants Rising helps you make decisions based on your potential, not your perceived limits. Visit our website so you can see what’s possible: immigrantsrising.org. Revised 9/2023.

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