All initial DACA applications that were not granted on or before July 16, 2021 will not be processed or approved while the July 16, 2021 Texas District Court order is in effect. Additionally, USCIS has further clarified that if it has been more than one year since someone’s last grant of DACA expired, that request is considered an initial request and USCIS can accept it, but is prohibited from approving it while the July 16, 2021 court order remains in effect. Initial DACA applications can nevertheless be submitted to USCIS. However, they would remain pending at USCIS.
The eligibility requirements for an initial DACA are:
- You were under 31 years of age as of June 15, 2012
- You came to the U.S. while under the age of 16;
- You have continuously resided in the U.S. from June 15, 2007, to the present.
- You resided in the US without legal status on June 15, 2012;
- You have graduated from high school, obtained a GED, or are currently in school;
- You have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors of any kind; and you not pose a threat to national security or public safety
Note: CARECEN is not currently assisting with filing initial DACA applications.