USCIS Announces New Rules In DACA Program: What Will Happen To 'Dreamers'

The United States Citizenship and Immigration Services (USCIS) has provided guidance on the implementation of the July 28 memorandum of Acting Head of Homeland Security Chad Wolfe on the DACA - Deferred Action for Childhood Arrivals program. This program protects against deportation of immigrants smuggled into the United States as children (so-called "dreamers"). New rules have been published on the website USCIS.

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Under the new rules, USCIS will deny all DACA protection requests from foreigners who have never participated in the program, and will refund all fees for such applications. Rejection of the application for this reason does not limit the right to re-apply if USCIS begins to accept requests from such immigrants in the future.

The agency will continue to accept requests from aliens who previously participated in the DACA program and now want to renew or restore their status. In addition, requests for Dreamers to travel outside the United States will be accepted if they are submitted in accordance with agency regulations.

Also, USCIS will limit the duration of the protection period under the DACA program. If earlier immigrants could apply for 2 years, now the agency will be able to extend the validity period only for 1 year. However, USCIS will not revoke current DACA two-year grants or associated work authorization documents (EADs), unless the recipient ceases to meet the criteria and loses eligibility.

USCIS will replace two-year EADs that have been lost, stolen, or damaged with two-year EADs, provided that the EAD replacement application is approved.

USCIS generally rejects requests for renewal of protection received more than 150 days before the expiration of the current DACA grant. DACA recipients must submit renewal requests 150-120 days prior to the expiration of the current grant.

On the subject: US Supreme Court Decides Fate of 'Dreamers': What Will Be DACA Program

USCIS will grant prior authorization to travel outside the United States to DACA recipients only in accordance with the new guidelines, which stipulate that travel is for urgent reasons or with significant public benefit.

The Office will not revoke any previously granted travel authorizations unless there is another legitimate reason for doing so. However, the right to exit does not guarantee the right to enter the United States. In all cases, foreigners are still subject to immigration inspection at the point of entry to determine if they are eligible to enter the United States.

The decision to authorize to exit is entirely at the discretion of USCIS and must be made on an individual basis. USCIS will consider all factors presented in individual cases before deciding whether to approve prior authorization for a DACA recipient.

In what situations can you approve the receipt of an exit permit:

• travel in support of US national security interests;
• travel in support of the interests of US federal law enforcement agencies;
• travel for life-supporting treatment not available to a foreigner in the United States, or travel that is necessary for the immediate safety, well-being, or care of an immediate family member, especially minor children of the foreigner.

Even if the requestor proves that their situation matches one of the above examples, USCIS may, at its sole discretion, deny the travel request.

IMPORTANT! If you left the United States on or after August 15, 2012 without obtaining prior travel authorization from USCIS, your departure automatically terminates your DACA protection.

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