Info on DACA Renewal Process

USCIS Announces DACA Renewal Process

Today, Secretary of Homeland Security Jeh Johnson announced the process for individuals to renew enrollment in the Deferred Action for Childhood Arrivals (DACA) program. U.S. Citizenship and Immigration Services (USCIS) has submitted to the Federal Register an updated form to allow individuals previously enrolled in DACA, to renew their deferral for a period of two years. Effective today, USCIS will begin accepting renewal requests. Please also note that USCIS will also continue to accept requests for DACA from individuals who have not previously sought to access the program.

Individuals may request DACA renewal if they continue to meet the initial criteria and these additional guidelines:

  1. Did not depart the United States on or after Aug. 15, 2012, without advance parole;
  2. Have continuously resided in the United States since they submitted their most recent DACA request that was approved; and
  3. 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.

When to apply for DACA renewal

The first DACA approvals will begin to expire in September 2014. Therefore, to avoid a gap in the period of deferral and employment authorization, individuals must file renewal requests before the expiration of their current period of DACA. It is also encourage to do so to avoid any unlawful presence period. USCIS has encouraged applicants to submit their renewal request approximately 120 days (four months) before their current period of deferred action expires. If applicant does it more than 150 days (five months) before the DACA expires, they might reject and tell you to refile closer to the expiration date. For assistance in renewing the DACA approval, contact our office at 213-327-0455 or via www.gitakapurlaw.com

USCIS has released another draft of the DACA application form, after having reviewed comments and suggestions about the previous draft of the revised form that various organizations submitted. Please remember that the vast majority of DACA renewal applicants cannot renew their work permit yet - not until the revised DACA application form is finalized. (An exception to this applies only to the very few DACA recipients who were granted DACA by U.S. Immigration and Customs Enforcement (ICE) before Aug. 15, 2012.)
USCIS says that you should submit your DACA renewal application package about 120 days (or 4 months) before your current period of DACA expires. USCIS will not accept requests made earlier than 150 days (or 5 months) before that expiration date.
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