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Deferred Action Lawyer: It is Time to Start Thinking about Renewing Your DACA

Recently, USCIS posted on its website that those who were given DACA in August are coming up on the expiration of their deferred action.  The recent post notifies individuals that If you wish to renew your deferred action for another two year period, Form I-821D must be submitted to USCIS again.  This form must be completed, properly signed and accompanied by a Form I-765, Application for Employment Authorization (along with the accompanying filing fees for that form, totaling $465), and Form I-765WS.

USCIS also warns that if your previous period of deferred action expires before you receive a renewal of deferred action under DACA, you will accrue unlawful presence and will not be authorized to work for any time between the periods of deferred action.  It is for these reasons that USCIS encourages submission for renewal 120 days before the current period of deferred action under DACA expires.

Also as a reminder, USCIS has issued further guidance on renewing DACA by stating “An individual whose case was initially deferred under DACA by ICE may be considered for Renewal of DACA from USCIS if he or she:

  • Was under the age of 31 as of June 15, 2012;
  • Came to the United States before reaching his or her 16th birthday and established residence at that time;
  • Has continuously resided in the United States since June 15, 2007, up to the present time;
  • Did not depart the United States on or after August 15, 2012 without advance parole.
  • Was present in the United States on June 15, 2012, and at the time of making his or her request;
  • Entered without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012;
  • Has graduated or obtained a certificate of completion from a high school, has obtained a general educational development certificate,  is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; or was in school at the time he or she requested DACA from ICE and: 1) has successfully completed an education, literacy, or career training program (including vocational training) and obtained employment,  2) is currently enrolled in high school, postsecondary school or a new/different education, literacy or career training program, or 3) has made substantial, measurable progress toward completing an education, literacy, or career training program and,
  • Has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.”

While much of this information had to be provided for purposes of having DACA granted the first time, some of these points will need to be addressed again with the supporting documentation so a DACA renewal can be granted. Our office has been successful in getting DACA approved for many individuals and can do so at this juncture for those who need their DACA renewed. If you have questions on whether your circumstances meet the requirements listed above to qualify for DACA, our office can help you determine that as well.