On September 5, 2017 the Department of Homeland Security (DHS) initiated a gradual phase out of the Deferred Action for Childhood Arrivals (DACA). Over the next six months, DHS will consider certain requests for DACA and applications for work authorization.
Q: Is there a grace period for DACA recipients with expiring EADs to make arrangements to leave the U.S.?
A: Once an individual’s DACA and EAD expire, he or she is no longer considered lawfully present in the U.S. The individual is not authorized to continue working and is subject to removal.
Q: What happens if I am a current DACA holder?
A: Current DACA holders will retain both their period of deferred action and their employment authorization document (EAD) until they expire, unless terminated or revoked.
Q: What if I have an initial DACA request pending?
A: USCIS will adjudicate all pending initial DACA requests and associated EAD applications that have been accepted as of September 5, 2017. Any requests that have not been accepted as of September 5 will be rejected.
Q: What if I have a request for DACA renewal pending?
A: USCIS will adjudicate pending DACA renewal requests and associated EAD applications from current beneficiaries that have been accepted as of September 5, 2017.
Q: Is there still time to file DACA renewal applications?
A: Current beneficiaries whose benefits will expire between September 5, 2017 and March 5, 2017 have until October 5, 2017 to submit renewal applications. Applications received after October 5, 2017 will be rejected.
Q: What if my valid EAD is lost, stolen or destroyed?
A: DACA recipients with valid EAD may request a replacement EAD by filing a new Form I-765.
Q: Will DACA recipients still be able to travel outside the U.S. while their DACA is valid?
A: As of September 5, 2017, USCIS will no longer process any new Form I-131 applications for advance parole. However, individuals with a current advance parole validity period will retain the benefit until it expires.
Q: What if I have a pending request for advance parole?
A: All pending Form I-131 applications for advance parole under the DACA program will be closed and all associated fees will be refunded.
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