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USCIS Has Updated Its DACA FAQ Page

| Feb 7, 2024 | Firm News

USCIS has updated its DACA FAQ page. The updates are in red. I have not read through them entirely yet, but wanted to note two things. This part is not new but I noticed it for the first time since the FAQs are probably being continually updated:

1) If applying before age 18, the applicant can toll the accrual of unlawful presence during the period he or she is in deferred action status. Here is the text:

“Q5: Do I accrue unlawful presence if I have a pending request for consideration of deferred action for childhood arrivals?
A5: You will continue to accrue unlawful presence while the request for consideration of deferred action for childhood arrivals is pending, unless you are under 18 years old at the time of the request. If you are under 18 years old at the time you submit your request but turn 18 while your request is pending with USCIS, you will not accrue unlawful presence while the request is pending. If your case is deferred, you will not accrue unlawful presence during the period of deferred action. Having action deferred on your case will not excuse previously accrued unlawful presence.”

Unlawful presence is a complex concept, even for us attorneys, but it is good to be aware of this issue as it can impact you in the future if you apply for immigration relief down the line.   If you are close to turning 18 and are going to file for DACA relief, make sure to bring up this issue to your immigration attorney or to the non-profit organization helping you file.

 2) This is new clarification on the DACA FAQ page:

“New – Q9. How should I fill out question nine (9) on the Form I-765, Application for Employment Authorization?
A9. When you are filing a Form I-765 as part of a Deferred Action Childhood Arrivals request, question nine (9) is asking you to list those Social Security numbers that were officially issued to you by the Social Security Administration.”

Many of us lawyers were unclear how to advise people at the DACA community forums regarding this question.  The main reason is that we want applicants to avoid any allegations of misrepresentation.  The clarification confirms what we were advised to instruct.  That being said, if you have to worry about this kind of question, you are probably best advised to work with an immigration attorney or a non-profit community organization with an immigration attorney on staff as your case likely has issues.