DACA Renewal Guidelines; USCIS provides forms and guidance for DACA Renewal

The USCIS has now published its guidelines for deferred action renewals; the most important part is the timing of such renewals, which will be complicated by the approximately 550,000 eligible DACA recipients that must renew every two years.

DACA Renewal Eligibility:

You may request a renewal if you met the initial DACA guidelines and received DACA, and you:

• Did NOT depart the United States on or after Aug. 15, 2012, without advance parole;
• Have CONTINUOUSLY resided in the United States since you submitted your most recent DACA request that was approved; and
• Have NOT been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

You should submit your renewal request about 150 days (five months) before your deferred action will expire, and not less than four months beforehand; or you risk delay, and losing DACA status while the application is pending. If you submit your request more than 150 days (5 months) before your current period expires, USCIS may reject it and return it to you with instructions to resubmit it closer to the expiration date. This means you should submit your deferred action application before the 120 day ‘soft’ deadline, to avoid the crush of applications that will be coming in late 2014.

How to Renew DACA:

• Complete and sign:
o Form I-821D, Consideration of Deferred Action for Childhood Arrivals
o Form I-765, Application for Employment Authorization
o Form I-765W Worksheet
• Follow the instructions on all three forms to submit them to USCIS. There are two fees to be paid directly to USCIS:
o a $380 filing fee for Form I-765 and
o an $85 biometric services (fingerprints and photo) fee,
o the total fee is $465.

Additional Documents to Renew DACA:

Do not submit any additional documents at the time you request renewal unless:
• You have new documents involving removal proceedings or criminal history that you did not already submit to USCIS in a previously approved DACA request.
USCIS may request additional documents or statements to verify information provided in support of requests for renewal of DACA, and they may contact other government agencies, education institutions, employers, or other entities in order to verify information.

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The information on this web site is not, nor is it intended to be, legal advice.

You should contact an attorney for advice on your individual situation.

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