Deferred Action for Childhood (DACA) Arrivals Renewals Process

Published on 30 June 2014 Hits: 1203

Deferred Action for Childhood Arrivals (“DACA”) is a memorandum authored by the Obama administration on June 15, 2012.The memorandum announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. For people that have been granted DACA, they have the opportunity to file renewal applications. (http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca)

For people intending to renew DACA, applications of renewal can be sent to USCIS. In order to be eligible for renewal, an individual must meet the following criteria:

When applying to renew an individual’s DACA, it can be done at any time before the current DACA and employment authorization document (EAD) expire. However, USCIS recommends individuals to send in renewal application no later than 120 days before their DACA and EAD expire and no earlier than 150 days (or 5 months) before the DACA expiration date. The reason is USCIS expects the review process will take up to 120 days and USCIS will not review applications filed too early.

If an individual’s DACA and EAD expire before the renewal application has been processed and the application was submitted at least 120 days before the expiration date, then USCIS may provide him or her with a temporary DACA and EAD while it processes the application. However, if a renewal application was submitted fewer than 120 days before the expiration date, then an individual will likely lose their DACA status and employment authorization until USCIS makes a decision about the renewal application. If someone does lose their DACA status and employment approval pending a decision, then they will begin to accrue unlawful presence in the US, unless they were under age 18 at the time they submitted their renewal application. They might also be at risk of losing their employment since they will no longer have legal authorization to work.

Both the initial application for DACA and the renewal application are made by filling out the same forms submitted for the initial DACA and EAD: Form I-821D, Form I-765 Application for Employment Authorization, and Form I-765WS Worksheet.

With renewal applications, no additional documents need to be sent at the time renewal is requested unless there are new documents involving removal proceedings or criminal history that the individual did not already submit to USCIS in a previously approved DACA request. USCIS might request additional documents or statements thereafter or contact other government agencies, educational institutions, employers, or other entities to verify information.

Mario Guevara-MartinezJune 30, 2014