805-517-4LAW

The Blog

In anticipation of DACA renewals

Almost 2 years will have passed since DACA/Deferred Action/Dream Act was enacted, allowing millions who qualify to apply for immigration relief. USCIS is preparing for the renewal process for current DACA recipients. They have advised that they will release a new Form I-821D for both initial review and renewal request in late May of 2014.

They also stated they will release an updated FAQ for the renewal process. USCIS is very clear on asking current recipients to wait until the new form is published, and to use the new form for the renewal request. (Unless you are one of the few recipients of DACA through ICE between 6/15/12 – 8/15/12 – then read here).

But, if you are a new applicant, you can still use the current form. For the renew-ees, you will have to wait for the new form. In general, USCIS anticipates the following for the renewal process:

1. File the new Form I-821D; Form I-765, and I-765 WS, along with fees and pertinent evidence.

2. Submit your renewal 4 months before your current DACA expires (the date your work permit expires). Don’t be too eager to file your renewal too early. USCIS has stated that they anticipate reviewing the renewal within that 4 month period, so again, they stress don’t file earlier than the 4 months.

3. USCIS states that you only need to submit new documents pertaining to removal proceedings or criminal history that you have not already submitted to USCIS. Thus, this saves you from the paperwork of re-proving your DACA eligibility, such as evidence of continuous residency (but as a general rule, save this evidence regardless for your own records!). Please also read my other post on DUI and DACA.

This post is updated by DACA Renewal and Infographics.

About Charlotte Lin

Charlotte is a trusted lawyer by day, and legal ninja by night. In her spare time she enjoys slashing tickets with nunchucks.