Frequently Asked Questions

University of California Immigrant Legal Services Center DACA Post-Northern District of California Injunction Frequently Asked Questions (FAQ)

Read the January 10, 2018 Announcement

The FAQs below are informational and do not constitute legal advice. Each individual case is different,and advice may vary depending on the situation. Further, the information is changing on a daily basis. If you have any questions about your case, please contact a Center attorney for a consultation as soon as possible.

DACA

  1. I thought DACA was rescinded. What happened in court?
  2. Does this mean I can apply for the DACA renewal now if I meet the eligilbility requirements? If so, how do I apply?
  3. Has the DACA eligability requirements as ordered by the judge changed in any way?
  4. Can I apply for DACA if it expires more than 150 days from now? 
  5. Does this mean I can apply for DACA now if I have never applied before? If so, how do I apply?
  6. Does this mean I can apply for DACA now if it has been more than one year since my last DACA period expired?
  7. Can I apply for Advance Parole?
  8. Can I get funding for my DACA application fees?
  9. What can I do right now if I want to apply for DACA Renewal?
  10. I am a current DACA recipient. What will happen to the information I provided on my DACA application(s)? 

Contact with Immigration Enforcement 

  1. What can I do if I come in contact with ICE?
  2. What can I do to keep my family safe?

UC Immigration Legal Services Center Contact Information

Office Phone: 530.752.7996

DACA Answers

  1. On January 9, 2018, District Court Judge Alsup in the Northern District of California ruled that the DACA program will continue in the same way as prior to the rescission announcement on September 5, 2017. The Court also directed that United States Citizenship and Immigration Services (“USCIS”) post a notice publicly that it will resume receiving DACA renewal applications and processing them. The Court Order applies nationwide. Back to questions
  2. Yes. On January 13, 2018 USCIS updated its website, posting guidance on the process for renewing DACA applications after the Court Order. USCIS will again accept the same forms and filing fees as prior to September 5th, 2017 – to file for a DACA Renewal you will need submit the following:
    • Form I-821D
    • Form I-765
    • Form I-765WS
    • A front and back copy of your current Employment Authorization Document
    • Check or money order for $495 made to "U.S Department of Homeland Security"
    • 2 passport-style photos
  3. No. Based on the Court’s Order, the eligibility requirements for DACA have not changed. However, we are still awaiting further information from USCIS on how to apply. If you believe you are eligible for DACA, please make an appointment with a Center attorney. As a reminder, to be eligible for DACA, you must:
    • Have been under the age of 31 as of June 15, 2012;
    • Came to the United States before reaching your 16th birthday;
    • Have continuously resided in the United States since June 15, 2007 up to the presenttime;
    • Were physically present in the United States on June 15, 2012, and at the time of makingyour request for consideration of deferred action with USCIS;
    •  Had no lawful status on June 15, 2012;
    •  Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are anhonorably discharged veteran of the Coast Guard or Armed Forces of the United States;
    • Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
    The circumstances listed in the bullet points below could trigger enforcement action - it is very important to consult with an attorney if any of the following applies to you:
    • You have had any contact with law enforcement, including arrests, convictions, or any other criminal issues;
    • You have had any contact with immigration authorities, including detention, deportation, or removalfrom the United States;
    • You have moved and changed your address. Back to questions
  4. Maybe.The USCIS guidelines posted on January 13, 2018 do not mention whether or not they will
    process DACA Renewal applications from individuals with DACA expiration dates more than 150 days after the date of submission. It is possible that USCIS may prioritize DACA renewals for those with less than 150 days remaining on their DACA grants. The National Immigration Law Center advises that
    individuals who wish to renew their DACA more than 150 days in advance be aware that their application "may be either rejected or accepted but deprioritized, and that while they are waiting for their case to be processed, the option to renew may end and they may not be able to get their $495 fee payment back"
  5. No. In its newly posted guidance, USCIS has stated that it will not accept initial DACA applications from potential first-time applicants. See here for more information  Back to questions
  6. Yes. If you have received DACA before but it expired before September 5, 2016 and you did not renew, then you may renew your expired DACA by filing an initial DACA application with supporting documents that establish you are eligible for DACA. Please consult with a Center attorney for support with your DACA application. If your DACA expired on or after September 5, 2016 but you did not renew, then you may renew your expired DACA by filing a renewal DACA application Please see Question 2. 
  7. No. In its newly posted guidance, USCIS states that it will not accept or approve requests for advance parole. If you apply for Advance Parole now, your application will be rejected and you may lose your filing fee. Read here for more information Back to questions
  8. Maybe. Although the Mission Asset Fund (MAF) again generously offered financial support for DACA Renewal applications, they are placing new funding requests on a waitlist as of January 15, 2018 due to limited funding. If you would like to be added to the waitlist, please visit here. to apply for
    assistance with the filing fees. MAF will then notify applicants as additional funds become available. In
    the meantime, if you are seeking coverage of the DACA filing fees, we encourage you to speak with your campus AB540 or Undocumented Center coordinator or the Center attorney assigned to your campus as soon as possible.
  9. Yes! The Center will be hosting free DACA Renewal workshops at all of the UC campuses. To find out the dates and times for the workshops being offered at your campus and to sign up, please use our RSVP link: goo.gl/rnaKhnBack to questions
  10. Even though the original DACA program promised that information would not be shared with ICE, we do not know if the new administration will maintain that promise.

Contact with Immigration Enforcement Answers

  1. The U.S. Constitution guarantees rights to all people in the U.S., regardless of citizenship status, which includes the right to be free from unlawful searches and seizures. In practical terms, that means that during a police or immigration officer encounter:
    • You have the right to remain silent;
    • You should stay calm and be polite;
    • You should not lie about your citizenship status or provide fake documents;
    • You do not have to sign anything (if you sign, you may be giving up your opportunity to stay in the U.S.);
    • If immigration comes to your home, you do not have to open your door unless an officer has certain kinds of warrants and you should ask the officer to slip the warrant under the door or hold it up to a window so you can inspect it;
    • If you are taken into immigration custody, you have the right to a lawyer (however, please note that the government does not have to provide one for you);
    • Additionally, if you are in immigration custody, you have the right to contact your consulate.
    You can carry the UC Know Your Rights card and/or the Immigrant Legal Resource Center’s “red card” with you to read your rights in case of contact with ICE, Available at https://www.ilrc.org/red-cards (available in English and Spanish). To read more about your rights, please see the National Immigration Law Center's resources, Available at https://www.nilc.org/issues/immigration-enforcement/everyone-has-certain-basic-rights/. For multi-
    lingual Know Your Rights materials please see: http://www.immdefense.org/ice-home-and-community-arrests/. 
  2. You can help them develop a safety plan, as well as inform them of their rights. Please see the Immigrant Legal Resource Center’s family preparedness plan, available at https://www.ilrc.org/family-preparedness-plan.

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