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should you file a FIRST-TIME daca application?

8/20/2021

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SHORT ANSWER: Yes. If you are renewing your DACA, yes, definitely file a renewal and it will processed as soon as it's received. If you are filing for the first time, also yes, file it. It will not be processed immediately, but there is a possibility the current injunction will be lifted and first-time applications will continue to be processed on a first-come-first-serve basis. You don't want to be at the back of the line if this happens.

LONGER ANSWER: As you are likely aware, on July 16, 2021, the U.S. District Court for the Souther District of Texas held that the DACA policy is illegal, and the Court prohibited DHS from granting initial DACA requests and any accompanying work permits. This means that if you already submitted a first-time DACA application, you had your fingerprints done, and you were on the verge of receiving an approval notice, unfortunately it doesn't matter. All pending applications are frozen immediately as of 7/17/2021.

But if you are a DACA recipient who obtained DACA on or before July 16, 2021, the Texas Court is allowing DHS to continue to renew DACA and work permits associated with DACA. 

If you qualify for DACA and have not submitted an application, you should consider doing so. DHS (USCIS) is continuing to receive first-time DACA applications despite the injunction. This doesn't mean they will process them, but they will have them on record as received. If the Biden Administration appeals the Court's decision and the inunction is overturned, USCIS will continue processing applications in the order they were received. Or at least this is the natural course to take.

In summary, you may wan to consider filing it as soon as possible because the longer you wait, the more likely your application will be processed later in time. 
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    *This material is intended  for general information purposes only and does not constitute legal advice.  Each case requires unique legal analysis of law and facts. For legal issues that arise, the reader should consult legal counsel.

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