This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
On January 17, 2025, the Fifth Circuit Court of Appeals upheld the decision of the Southern District of Texas finding the program unlawful, but limited the decision to Texas and kept all DACA renewals — including for those who live in Texas — available for eligible recipients.
If you applied for DACA before turning age 18 (or within 180 days after turning 18): You should be able to return to your country of origin and apply for a green card through a U.S. embassy or consulate, just as anyone would do if they were living abroad and applying for a green card based on marriage to a U.S. citizen ...
As a result, there is no change to the status of the DACA program as of January 2025, with active DACA recipients nationwide continuing to be eligible to renew their status while the processing of first-time DACA applications by the DHS continues to be on hold.
A recent court case ruled against the DACA program but upheld that existing DACA applications and related work permits approved before July 16, 2021, will remain valid. However, new applications cannot be processed. Litigation is ongoing to determine the legality of the DACA program.
If you are submitting a paper form, make sure you use the most recent versions of Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization and the Form I-765 Worksheet. A new edition of Form I-765 went into effect on April 1, 2024.
Generally, in order to apply for DACA, an applicant must be at least 15 years of age at the time they apply. The exception to this rule is if the applicant is in removal proceedings, has a final order of removal or has an order of voluntary departure. If so, they can seek DACA even if they are below the age of 15.
On October 10, 2024, the Fifth Circuit Court of Appeals will hear arguments on DACA. This hearing is an important moment for the DACA case that will decide whether DACA can continue or be ended. The Fifth Circuit has already ruled that DACA is unlawful.
The future of the DACA program remains uncertain due to ongoing litigation. Since 2021, the DHS has been unable to process first-time DACA applications due to court challenges but has continued to process DACA renewal requests and related requests for employment authorization.
Mark the envelope and the cover letter with the type of submission. For example, Original Submission, Application to Register Permanent Residence or Adjust Status (Form I-485). Mark the envelope and the cover letter with the form number.
If you are submitting a paper form, make sure you use the most recent versions of Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization and the Form I-765 Worksheet. A new edition of Form I-765 went into effect on April 1, 2024.