USCIS must accept new DACA application in the 4th Circuit and may accept those filed in all other circuits. Historically, USCIS rescinded DACA. The U.S. Supreme Court vacated the rescission and restored DACA to pre-rescission status. IBLF recommended new DACA applications. USCIS then denied new DACA applications.
Last week, Maryland District Court stopped USCIS from denying new DACA applications and the 4th Circuit [ our circuit] upheld the Maryland Court’s decision. Thus, all who are eligible have an opportunity to file a new application, or renew an old application, in the 4th circuit.
DACA Eligibility Requirements for Initial Applications:
People who meet the following criteria may apply for initial consideration of deferred action for childhood arrivals (DACA):
- are under 31 years of age as of June 15, 2012;
- came to the U.S. while under the age of 16;
- have continuously resided in the U.S. from June 15, 2007 to the present;
- entered the U.S. without inspection before June 15, 2012, or individuals whose lawful immigration status expired as of June 15, 2012;
- were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;
- are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces;
- have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors and do not pose a threat to national security or public safety.