Deferred Action for Childhood Arrivals (DACA) – Renewal Update

RENEWAL PROCESS UPDATES IN CAPS UNDER EACH APPLICABLE HEADING.  CALL US TO SCHEDULE A PRIVATE CONSULTATION AT 847 763 8500 – IF YOU NEED HELP WITH YOUR CASE.

In June 2012 the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several requirements may apply for consideration of deferred action for a period of two years, which may be renewed, and would then be eligible for work authorization. Deferred Action is an extraordinary determination to deferred removal action of an individual as an act of prosecutorial discretion.

Requirements

1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have 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.

In September 2012 United States Citizenship Immigration Services (USCIS) started receiving application for DACA. Starting September 2014 the initial two year grant of DACA are due to expire under its own terms. Until recently, there has not been an official guidance issued by USCIS regarding the procedure to renew DACA for Applicants who applied via USCIS. However, on April 9, 2014 USCIS issued an Update for DACA renewals.

New Form

THE NEW FORM HAS BEEN PUBLISHED AT USCIS OFFICIAL WEBSITE.  IT IS 7 PAGE LONG. 

USCIS anticipates issuing the updated DACA form by the end of May 2014. The new form will be used for new DACA applicants and for renewals. No renewals may be sought using the current form. However, new applicants may continue to use the current form until the new one is released.

Supportive Evidence

YOU NEED TO PROVIDE NEW EVIDENCE IN LIMITED CASES: IF YOU HAVE NEW DOCUMENTS RE YOUR REMOVAL PROCEEDING OR NEW CRIMINAL HISTORY.  NONETHELESS, USCIS RESERVES THE RIGHT TO REQUEST ADDITIONAL DOCUMENTS, INFORMATION OR STATEMENTS RELATING TO A DACA RENEWAL REQUEST DETERMINATION.  HENCE, IT IS ADVISED TO HAVE ALL NEW DOCUMENTS AVAILABLE – FOR EXAMPLE: EMPLOYMENT RECORDS, NEW SCHOOL TRANSCRIPTS, SOCIAL SECURITY, MARRIAGE CERTIFICATES,  ETC.

USCIS has stated that a renewal applicant will need to submit: (1) The completed New Form I-821D, (2) Form I-765 and (3) I-765WS. It further has stated that the Applicant will only need to submit new documents pertaining to removal proceedings or criminal history that was not already submitted to USCIS. The applicant does NOT need to re-submit the document already submitted with the previous DACA request that was approved. However, the applicant should have all information/documents readily available in case USCIS requests it.

 

When can I apply for Renewal

YOU ARE STRONGLY RECOMMENDED TO APPLY AS SOON AS 5 MONTHS PRIOR TO THE EXPIRATION DATE OF CURRENT DACA. DEFINITELY NO LATER THAN 4 MONTHS PRIOR TO TGHE EXPIRATION TO CURRENT DACA.  THIS IS IMPORTANT TO TRY TO MINIMIZE – TO THE EXTENT POSSIBLE – THE ACCRUAL OF UNLAWFUL PRESENCE AND THE EXPIRATION OF WORK PERMIT.  CONTACT YOUR ATTORNEY AS SOON AS POSSIBLE IF YOU DACA IS EXPIRING IN OCTOBER OR SEPTEMBER 2014.

USCIS will accept renewal DACA applications as early as 150 days prior to the expiration date of the current DACA period and EAD. USCIS strongly suggests Applicants apply at least 120 days prior to the expiration dates. If an Applicant applies at least 120 days prior to the expiration of DACA and EAD, USCIS anticipates making a decision prior to the expiration of the current DACA and EAD. IF, however, USCIS cannot adjudicate prior to that time and the Applicant filed for renewal at least 120 days prior to the expiration date, USCIS is considering issuing a short term/temporary extension of the deferred action and employment authorization until it can issue a final determination.

New DACA Applicant (first time applicant)

A new Applicant must submit documents that prove that he/she satisfies the seven (7) requirements listed above.

Filing Fee

THE FILING FEE REMAINS THE SAME $465

We have No information regarding whether the filing fee will increase/decrease or stay the same. The current filing fee is $465 (including biometrics fee).

Biometrics exam

THERE WILL BE A BIOMETRICS EXAM

No new information has been issued But most likely the Applicant will have new biometrics taken.

My Suggestions

1. Save a physical and online copy of your DACA original/initialapplication – including ALL supportive documentation.
2. Though is not required for renewal, continue accruing evidence that you have resided continuously in the USA since your DACA was granted (pay stubs, tax returns, school/medical records).
3. Avoid getting in trouble.  However, if you are charged/accused of any crime (whether as a principal or accessory), contact an immigration and criminal attorney immediately. 
4. Whether you are considering applying for a first time DACA or a renewal DACA it is advisable to consult with an Immigration Attorney.  

If you have any question and/or would like help with your DACA (new/renewal) case, contact us at (847) 763 8500 to schedule a private consultation. To learn more about DACA visit www.immig-chicago.com

Karen Medina

Immigration Attorney at Immigration Law Associates PC

source of information http://www.uscis.gov

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