Ann Elise McCaffrey, Esq.


from the world of immigration law and defense

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New Update on DACA!

2018 Update: DACA IS BACK

Read This Before You Apply


**On January 13, 2018, USCIS announced that it will accept renewal applications for DACA**


The President declared that DACA would be ending in September 2017 and USCIS set a deadline in October 2017 to receive all DACA renewal applications. That deadline has passed. Luckily, a federal judge in California has ordered that certain parts of DACA be restored. On January 13, 2018, USCIS announced that you can file a DACA renewal application. Here’s what you need to know:


-       Do not file for DACA now if you never had DACA in the past. If this would be your first application ever, USCIS will not accept your DACA application.

-       If your DACA status and work permit expired on or after September 5, 2016, then you may file a DACA renewal request. But make sure you read the warnings section below.

-       If your DACA status and work permit expired before September 5, 2016, you can file your renewal DACA now. HOWEVER, you must complete the DACA form I-821D as if this is your first DACA application. Do not fill out the DACA renewal form. You must prepare an initial DACA application.

-       Not everyone can apply for DACA. You should NOT apply to renew DACA if you have had criminal convictions that make you ineligible. See the warnings below. If your DACA status was terminated at any time by USCIS, you may file a DACA application with USCIS now. You must file the initial application, not the renewal application. And, you must speak with a lawyer, who can advise you if you should file again.

-       The court order does not allow anyone renewing DACA to apply for the advance parole travel document.



When President Obama and his administration created DACA in June 2012, the program for immigrant youth carried strict limitations. These remain in effect now.

You are not eligible for DACA if you have:

A felony criminal conviction

Three misdemeanor criminal convictions

Certain single misdemeanor convictions like domestic violence, sex abuse, selling drugs, burglary, driving while intoxicated, some gun offenses and others

Any misdemeanor conviction if the judge gave you a sentence of 91 days or longer

Gang membership, past or present

A record of other activities which constitute a danger to public safety


Call my office if you want to discuss renewing your DACA status.


Link to the District Court opinion

Elise McCaffrey