• A person may qualify for DACA if they can show that they:
• (1) Were born after June 15, 1981
• (2) Entered the United States before turning 16;
• (3) Have continuously resided in the United States since June 15, 2007 up to the present;
• (4) Were physically present in the United States on June 15, 2012, and at the time of making the request for DACA;
• (5) Were without lawful immigration status as of June 15, 2012 and at the time of requesting DACA;
• (6) Are currently enrolled in school, have graduated from high school, have ob­tained a certificate of completion, or are an honorably discharged veteran of the U.S. Coast Guard or U.S. Armed Forces; and
• (7) Have not been convicted of a felony offense, a significant misdemeanor offense, three or more non-significant misdemeanor offenses, or do not otherwise pose a threat to national security or public safety. and would codify the following:

• Employment authorization will require a separate application and be optional. Although the total fees will remain the same ($495), persons can pay $85 when requesting DACA (Form I-821D) and have the option to request a work permit, which would cost an additional $410 (Form I-765). The request for a work permit can be submitted at the same time or subsequently. Individuals should note that regardless of when they request employment authorization, the grant period for the work permit will not exceed the grant period given by DACA.
• DACA requestors must establish an economic need to be eligible for employment authorization by filling out Form I-765WS along with Form I-765.
• DACA recipients are lawfully present in the United States under the Social Security regulations.
• DACA recipients do not accrue unlawful presence.
• DACA recipients are eligible to petition for Advance Parole for urgent humanitarian or significant public benefit reasons.
• DACA recipients returning with advance parole can satisfy the “inspected and admitted or paroled” requirement for adjustment of status purposes under INA § 245(a).
• Information about DACA recipients and their family members included in DACA requests will not be shared affirmatively with Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP) or law enforcement agencies for immigration enforcement-related purposes, unless an exception applies, including for assistance in the consideration of DACA, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense.
• While the requirements for DACA eligibility would remain the same, DHS is proposing to clarify the term “significant misdemeanor” as specific misdemeanors which would be automatic bars to DACA: an offense of domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, or driving under the influence; or is one for which the individual was sentenced to time to be served in custody of more than 90 days. Additionally, DHS is welcoming comments on whether to include a more detailed definition of these offenses, including “minor traffic offenses”
• USCIS has the discretion to terminate a person’s DACA at any time with or without the issuance of a Notice of Intent to Terminate (NOIT) when a person does not meet the threshold criteria, commits disqualifying crimes, presents national security, public safety concerns or other adverse factors
• USCIS will automatically terminate DACA when a Notice to Appear (NTA) is filed with the immigration court (unless USCIS issues the NTA in relation to an asylum application) or a DACA recipient leaves the United States without advance parole.
• A DACA termination automatically results in the termination of the employment authorization document.
• DACA does not confer any rights or entitlements to remain in or re-enter the United States. DHS may initiate any criminal or other enforcement action against a DACA recipient at any time.

• We do not know when the proposed rule will go into effect. Federal law requires that the government read and consider every unique comment before issuing a final rule. This can be any time after November 29, 2021.

• An individual who establishes a credible fear of removal will be referred to a USCIS asylum officer for a hearing on the protection claims.
• The asylum officer will be authorized to adjudicate requests for asylum, as well as eligibility for statutory withholding of removal or for withholding or deferral of removal under the Convention Against Torture
• If denied, an individual may request de novo administrative review by an immigration judge

• It would apply to individuals who are placed into expedited removal process on or after the effective date of the final rule.
• Rule would not apply to unaccompanied children or to individuals already residing in the United States.

• It applies prospectively to all Forms I-693 signed by the civil surgeons on or after that date.
• This typically includes individuals applying to become a lawful permanent resident.

• USCIS may grant blanket waivers if the COVID-19 vaccine is:
• Not age-appropriate
• Contraindicated due to a medical condition;
• Not routinely available where the civil surgeon practices; or
• Limited in supply and would cause significant delay for the applicant to receive the vaccination.
• Additionally, individuals may apply for individual waivers based on religious beliefs or moral convictions by submitting Form I-601, Application for Waiver of Grounds of Inadmissibility.

• Those who are beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan will retain their TPS.
• The government has automatically extended the validity of Employment Authorization Documents (EADs) and other TPS relation documentation through December 31, 2022.

• An individual must continue to remain individually eligible.

• Yes. Beginning November 8, 2021, noncitizen, nonimmigrant air travelers coming to the United States will have to show proof of vaccination status before getting on the plane. 

• Yes, the following exceptions apply:
• Not required if under the age of 18
• A pertinent medical condition exists
• Your country has a low vaccine availability

• In order to fly to the United States, an unvaccinated traveler will have to show a negative COVID-19 test within one day of departure.

• No, with the new vaccination requirement, travel bans will be lifted.

• Yes, you must agree to be vaccinated within 60 days of arrival.