USCIS-Granted DACA Renewals

Are you a young person in the United States with DACA?

For readers who may not be familiar with the term, Deferred Action for Childhood Arrivals, or DACA, is a two-year grant of deferred action (limited protection from removal) accompanied by work authorization for certain undocumented individuals who arrived in the United States as children.  President Obama has decided to extend the program, allowing grantees to apply for another two-year grant.  For the earliest grantees, the initial protection is set to expire in the next few months, so many are apprehensive about the renewal process.

While USCIS claimed it would have a renewal form and procedures available at the end of May, it has not yet published its form.  However, it has outlined the procedures on its website:

File the revised version of Form I-821D, Consideration of Deferred Action for Childhood Arrivals, together with Form I-765, Application for Employment Authorization and I-765WS, Worksheet, as in the initial filing. The forthcoming version of Form I-821D will be dual-use for both initial and renewal filers and will contain modified questions pertaining to each situation. The draft form is currently going through the Federal Register public comment process and is not yet available for use.

Do not file the current version of Form I-821D to renew.  USCIS will not accept renewal filings until the new version of the form is published.  However, if you received DACA from ICE instead of USCIS, please read the ICE-Granted DACA Renewal Guidance.

Submit your DACA renewal request package approximately 120 days (or 4 months) before your current period of DACA expires. This is also the date that your Employment Authorization Document (EAD) expires. While USCIS will continue to accept filings after this date, it will not accept requests made earlier than 150 days (or 5 months) before that expiration date. The expiration date is printed on the front of the EAD, Form I-766 . Complete renewal requests include signed Forms I-821D, I-765, and I-765WS with fee and evidence, if applicable.

If you file your renewal request package approximately 120 days before the expiration date of your current period of DACA, USCIS anticipates making a decision on your deferred action request and adjudicating your employment authorization application well before your current period of DACA and employment authorization expires. If you have filed at least 120 days before your deferred action and EAD expire and USCIS is unexpectedly delayed in processing your renewal request, USCIS may provide deferred action and employment authorization for a short period of time until your renewal is adjudicated.

You only need to submit new documents pertaining to removal proceedings or criminal history that you have not already submitted to USCIS. You do not need to re-submit documents you already submitted with your previous DACA request that was approved. However, you should keep copies of all documents that support how you meet the DACA guidelines so you can provide them if they are requested by USCIS.

Please stay tuned.  As soon as we receive notice that the DACA renewal form is available, we will post it on this blog.

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About The Law Offices of Amelia S. McGowan, PLLC

The Law Offices of Amelia S. McGowan, PLLC, is a law firm based in Vicksburg, Mississippi. Our practice focuses on immigration law for clients worldwide and commercial law for Mississippi businesses.

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