DACA Renewal Procedure Finally Posted

Contributed by Kim Tremblay, Associate Attorney

On June 5, 2014, USCIS finally announced the procedure for the renewal of Deferred Action for Childhood Arrivals (“DACA”) applications and released a new I-821D form and instructions.

USCIS accepted and approved the first DACA applications in August 2012; as DACA is granted for two years, many early DACA grantees have been waiting for this information. USCIS states it may provide deferred action and employment authorization to cover any gaps between the expiry of a previous DACA application and the approval of a renewal application filed 120 days before expiry. However, to avoid possible gaps in work authorization or the accumulation unlawful presence, current DACA recipients should file their renewal applications 120 days before their current DACA expires, but no more than 150 days before expiry, and file as soon as possible if their status is expiring in less than 120 days.

Moreover, DACA grantees should use the updated form I-821D and file forms I-765 and I-765, along with the requisite filing fee and supporting documents. Applicants will have to submit documents pertaining to new removal proceedings or criminal incidents.

Previous DACA grantees will remain eligible for DACA as long as they did not depart the US without advance parole after August 15, 2012, have continuously resided in the U.S. since their last DACA application was approved, and did not committed any disqualify crimes.

Finally, individuals who think they qualify for DACA and have not applied still can do so and should consult and immigration attorney or accredited representative.

For more information:

http://www.uscis.gov/news/secretary-johnson-announces-process-daca-renewal