The DACA Renewal Request Process: What You Need to Know and Do
Contributor: Van T. Doan
On June 15, 2012, The U.S. Secretary of Homeland Security announced that certain people who came to the United States as children and who meet particular guidelines may request consideration of Deferred Action for Childhood Arrivals (DACA). Read further here regarding eligibility for DACA. If you are uncertain whether you are eligible for a DACA renewal, it's best to consult an experienced immigration attorney. If you are eligible, an attorney can help you with the process of requesting renewal.
When Should I Request DACA Renewal?
You should receive written notification from USCIS within 100 days of the expiration date. USCIS will send a notice to your last known address outlining the upcoming expiration and information about renewing your DACA. However, you do not have to wait for notification from USCIS. In fact, the best time to file a renewal request is between 150 and 120 days before the expiration date. The early filing will be helpful to you in cases where USCIS experiences an unexpected delay in processing your request. USCIS has stated that in those instances, if you filed the renewal request between 150 and 120 days before expiration, it may consider granting an automatic extension of your deferred action and any work authorization until your request is processed. However, filing too early (more than 150 days before the expiration date) may result in your application may be rejected.
Do I Need Supporting Evidence to Submit a DACA Renewal Request?
The majority of people requesting DACA renewal do not need to submit supporting evidence. You do not, for example, have to show your continued presence or residence in the United States, or that you continue to meet the original DACA education requirement.
USCIS has stated that supporting evidence is not to be submitted unless you have new documents involving removal proceedings or criminal history that you did not submit to USCIS in a DACA request that was previously approved. If you have traveled pursuant to a grant of advance parole, it may be advisable to provide Form I-512L (Authorization for Parole of an Alien into the United States) along with your renewal request. Including this form may reduce delays in adjudicating your request.
The rules are slightly different if you are a member of the small group of people who were granted deferred action by Immigration and Customs Enforcement (ICE). If you are in this group, you must complete Form I-821D just as if you were requesting DACA for the first time, though you must indicate in the proper place on the form that you are making a renewal request. You will also have to provide the same evidence as if you were making an initial DACA request.
Checklist for DACA Renewal Request
Typically, you will need to have all of the following for a DACA renewal request to be considered complete by USCIS:
- Two passport-style photographs;
- Form I-821D (Consideration of Deferred Action for Childhood Arrivals, edition June 4, 2014 or later);
- Form I-765 (Application for Employment Authorization);
- Form I-765WS (Worksheet);
- A copy of both the front and back of your Employment Authorization Document (EAD);
- The $465 filing fee, unless you are exempt;
- Any required supporting evidence (most people will not have any).
An experienced immigration attorney can help you identify what information you need to request DACA renewal, complete your request, and make sure that your request is submitted in a timely fashion. For more information on the specific process for renewing DACA status, contact Howard County, MD immigration lawyer Van T. Doan.