Colorado DACA Immigration Lawyers

Travel to the interior of the United States, such as the Virgin Islands and Puerto Rico, by persons granted Deferred Status is similar to travel to any of the 50 states of the United States. However, we recommend that you bring USCIS documents showing your Deferred Status in order to facilitate your ability to return to your residence. Please note that depending on the location of your travel, you may be subject to certain processes, including customs inspections.

Please note that for travel to any location other than the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, prior to departure, you must have an Advance Permission to Travel issued by the USCIS office, as with any other international travel. 

• On July 16, 2021, the U.S. District Court for the Southern District of Texas declared the DACA policy “illegal” and vacated the June 15, 2012, memorandum issued by the Department of Homeland Security (DHS) that created DACA. It remanded the memorandum to DHS for further consideration. 
• The court further issued a permanent injunction prohibiting DHS’s continued administration and reimplementation of DACA without compliance with the Administrative Procedure Act, but temporarily stayed the permanent injunction as to individuals who obtained DACA on or before July 16, 2021, including individuals with renewal requests. 

 This order means that, U.S. Citizenship and Immigration Services (USCIS), a component of DHS, will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization, but will not grant initial DACA requests after July 16, 2021, and their accompanying requests for employment authorization. USCIS will continue to grant or deny renewal DACA requests, according to existing policy.

• USCIS is continuing to accept initial DACA requests. If you file an initial DACA request with USCIS on or after July 16, 2021, you will receive a receipt notice, and USCIS will process your payment. However, USCIS will not adjudicate your request while the court order remains in effect.

As a result of the court order, all biometrics appointments for initial DACA requestors have been cancelled. If you have a biometrics appointment scheduled for after July 16, 2021 for an initial DACA request, you should not go to the appointment. Please see  DACA webpage for additional details. A cancelled biometrics appointment does not mean that your DACA request has been denied or that it will be denied in the future.

• If USCIS approved your initial DACA request on or before July 16, 2021, your case has not been affected by the Southern District of Texas ruling. Please note, however, that if USCIS approved your request on or before July 16, 2021, your approval notice and EAD may arrive after that date.

• USCIS strongly encourages DACA recipients to file their renewal requests 120 to 150 days (four to five months) before the expiration of their current DACA validity period.

• If you file after your most recent DACA period expired, but within one year of its expiration, a new request is considered a renewal request, not an initial request, and you may submit a request to renew your DACA pursuant to preexisting USCIS policy. The court order has not disturbed the filing process for DACA renewals.

• If you submit a DACA request more than one year since your last grant of DACA expired or after your most recent DACA grant was terminated (at any time), your request is considered an initial request, not a renewal, pursuant to preexisting USCIS policy.
• You will be issued a receipt notice, and your payment will be accepted. However, the request will not be further processed, in compliance with the court order.

• Yes, USCIS will continue to process timely filed DACA renewal requests and associated employment authorization applications. 
• However, please note that consistent with long-standing DACA policy, if your DACA expires before USCIS approves your renewal request, you do not have DACA for the period between the expiration of your prior DACA and the start of your new period of DACA.

• Yes. USCIS will continue to accept and adjudicate applications for advance parole for current DACA recipients.

If you currently have DACA, you may apply for advance parole. If you are experiencing an extremely urgent situation, you may request an emergency advance parole appointment at your local field office through the USCIS Contact Center. 

• For more information, please see the DACA Frequently Asked Questions.