On December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) began accepting first-time Consideration of Deferred Action for Childhood Arrivals (DACA) requests along with renewal requests after an order was issued by a U.S. District Court in New York to keep the program active. Although the Department of Homeland Security has announced that it could seek relief from the order, for the time being, USCIS is required to accept and consider any applications it receives.
How does USCIS determine who is granted deferred action?
According to USCIS, it shall grant deferred action or approve a renewal request at the agency’s discretion. Those who are granted protection under the DACA program will not be placed into removal proceedings or removed from the U.S. for a certain period of time. USCIS will be using the terms outlined in the DACA policy prior to September 5, 2017, as a factor in the decision-making process. This means individuals will still need to meet the eligibility criteria in order to be considered to be granted protection under the DACA program.
What forms must be submitted to complete the DACA application process?
Any individual who believes they qualify to apply for DACA and wants to apply will need to submit the following forms to USCIS:
- Form I-821D, Consideration of Deferred Action for Childhood Arrivals
- Form I-765, Application for Employment Authorization
- Form I-765 Worksheet
To ensure these forms are filled out properly and filed with the correct USCIS office, it is always a good idea to retain a Texas immigration lawyer so they can help.
The Law Office of J. Joseph Cohen for Help with Submitting a DACA Application
If an individual is considering applying for DACA and they live in San Antonio, Texas, or any other city within the state, they can contact the Law Office of J. Joseph Cohen for assistance with the application process. Some of the things a Texas immigration lawyer can do aside from helping fill out the paperwork include:
- Provide an applicant with any new information that is released regarding the DACA program.
- Intervene if USCIS denies their DACA application without having a valid reason for doing so.
- Help an individual understand what their rights are after becoming a DACA recipient.
- Assist with getting any additional documentation filed with USCIS should any be requested.
If an individual isn’t sure if they qualify to apply for DACA or are ready to submit their application, they can contact the Law Office of J. Joseph Cohen to speak with a Texas immigration attorney.
The Law Office of J. Joseph Cohen can be reached at:
310 South St. Mary’s Street, Suite 2100
San Antonio, Texas 78205