On November 14, 2020 Judge Nicholas George Garaufis of the U.S. District for the Eastern District of New York issued an opinion regarding the July 28th, 2020 memorandum signed by Acting Secretary Chad F. Wolf. On December 4, 2020 Judge Garaufis required the Department of Homeland Security to take action to implement his November 14 opinion. As a result, USCIS is now accepting first-time request of consideration of deferred action under DACA based on the terms of the DACA policy in effect prior to September 5, 2017, in accordance with the Court’s December 4, 2020 order.
Eligibility requirements for initial DACA applications:
Must be born on or after June 16, 1981
Must be at least 15 years old at time of filing DACA application
Came to the U.S. before reaching your 16th birthday
Continuously resided in the U.S. since June 15, 2007 up to the present time
Were physically present in the U.S. at time of filing DACA application
Entered without inspection, or lawful immigration status expired as of June 15, 2012
Are currently in school, have graduated from high school, or obtained a GED
Have not been convicted of a felony, significant misdemeanor, and do not pose a threat to national security or public safety
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