Columbus Immigration Attorneys 

Putting Rubber to the Road: USCIS’s Implementation of Current DACA Policy

Joseph Edlow, USCIS’s Deputy Director for Policy, issued a memorandum (hereinafter “the Edlow Memorandum”) on August 21, 2020 setting forth the implementation of Acting Secretary of Homeland Security Chad Wolf’s Memorandum July 28, 2020 on current DACA policy.

The Edlow Memorandum provides DACA applicants with new guidance in the following areas:

  • USCIS must reject all initial DACA requests and related applications for employment authorization along with all related fees.
  • USCIS will generally reject DACA renewal requests that are received by the agency more than 150 days before the expiration date of a recipient’s current DACA approved application unless the DACA applicant provides “legitimate reasons for doing so” when filing.
  • USCIS will limit the period of any deferred action granted to a DACA recipient to one year effective after the issuance of the Edlow Memorandum (DACA recipients’ employment authorization will also be valid for a one-year period).
  • USCIS will reject all pending and future applications from DACA recipients for Applications for Advance Parole (Form I-131) unless exceptional circumstances are present.

The Edlow Memorandum reassures DACA recipients:

  • USCIS will continue to accept and adjudicate DACA requests from applications who were previously granted DACA at any time even if there is a gap of time between the expiration date of the approved application and the newly filed DACA request.
  • USCIS will continue to adjudicate all pending and future DACA renewal requests and related applications for employment authorization.
  • USCIS will refrain from terminating previously granted DACA applications and Employment Authorization Documents for the duration of their validity periods including applications that are currently granted with a two-year validity period.
  • USCIS will issue replacement Employment Authorization Documents with the same expiration date of the original documents to DACA recipients possessing two years of deferred action.
  • USCIS will continue to adjudicate Form I-131 applications of DACA recipients who are applying for advance parole related to a non-DACA immigration request.
  • USCIS will refrain from terminating any previously granted advance parole applications to DACA recipients for the duration of the validity periods.

The Edlow Memorandum reminds DACA recipients:

  • USCIS will reject all DACA renewal requests that are not properly filed.

The Edlow Memorandum provides good news for DACA recipients:

  • USCIS is considering lowering the fees associated to DACA applications in the future.
  • USCIS is not including an increase in the filing fee for the I-765, Application for Employment Authorization for DACA applications as part of the agency’s new fee rule that takes effect on October 2, 2020.

As Brown Immigration Law is aware this announcement may affect you and your loved ones, please call our office at 888.861.4414 or click here to schedule a consultation with an attorney to discuss your options.