USCIS Issues DACA Renewal Filing Tips
Because some deferred action for childhood arrivals (DACA) recipients wait too long to request DACA renewal or do not correctly submit all the required forms and fees, resulting in their employment authorization documents (EADs) expiring before U.S. Citizenship and Immigration Services (USCIS) can finish processing their requests for DACA renewal, USCIS has issued the following filing tips:
• Submit the renewal request between 150 days and 120 days before the expiration date listed on the current Form I-797 DACA approval notice and employment authorization document.
• Correctly submit all required forms and fees. USCIS will reject a renewal request unless it includes properly submitted:
• Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
• Form I-765, Application for Employment Authorization;
• Form I-765 Worksheet; and
• Required fees of $465.
• Be sure to submit:
• Any new documents and information related to removal proceedings or criminal history that has not already been submitted to USCIS in a previously approved DACA request,
• Proof of advance parole if the DACA recipient has traveled outside the U.S. since last filing a DACA request that was approved; and
• Proof of any legal name change.
• Respond to requests for evidence (RFEs). USCIS may deny a renewal request if the requester does not respond to an RFE in a timely manner.
Since March 27, 2015, USCIS has been mailing renewal reminder notices to DACA recipients 180 days before the expiration date of their current period of deferred action. Previously, these reminder notices were mailed 100 days in advance. The earlier notices are intended to ensure that DACA recipients are reminded before the start of the recommended renewal period and have sufficient time to prepare their renewal requests.
USCIS’ current goal is to process DACA renewal requests within 120 days. An inquiry about the status of a renewal request may be submitted after it has been pending more than 105 days. To submit an inquiry online, visit egov.uscis.gov/e-request, or call the National Customer Service Center at 1-800-375-5283 (TDD for the hearing impaired: 1-800-767-1833).
DACA establishes a process to allow certain individuals who came to the U.S. as children and meet several key guidelines to request consideration of deferred action.
Department of Homeland Security (DHS) Secretary Janet Napolitano issued a memorandum dated June 15, 2012, announcing that, effective immediately, certain young people who would benefit from DREAM Act [FN2] legislation–i.e., those who were brought to the U.S. as young children, who do not present a risk to national security or public safety, and who meet several key criteria–will be considered for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.
Individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case-by-case basis:
• came to the U.S. under the age of 16;
• have continuously resided in the U.S. for a least five years preceding June 15, 2012,the date of the memorandum, and are present in the U.S. on that date;
• are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the U.S.;
• have not been convicted of a felony offense, a significant misdemeanor offense, or multiple misdemeanor offenses or otherwise pose a threat to national security or public safety;
• are not above the age of 30.
