To renew Deferred Action for Childhood Arrivals (DACA), an applicant must meet specific criteria related to age, education, criminal history, and continuous residence. Adherence to these requirements ensures that the renewal process proceeds smoothly.
The individual must have been under the age of 31 as of June 15, 2012. It is also required that they came to the United States before reaching their 16th birthday.
Applicants need to either be currently in school, have graduated from high school, or possess a GED. Alternatively, they could have been honorably discharged from the Armed Forces or the Coast Guard.
No felony convictions, significant misdemeanors, or three or more other misdemeanors are allowed. Individuals must not pose a threat to national security or public safety.
The DACA renewal applicant must have continuously resided in the United States since their last granted period of DACA. Absences from the country after August 15, 2012, must have been with advance parole.
The application process to renew DACA is precise and time-sensitive, requiring applicants to submit accurate forms, gather relevant documents, and adhere to USCIS’s specific deadlines and fee instructions.
To renew DACA status, the applicant must complete Form I-821D, “Consideration of Deferred Action for Childhood Arrivals.” This form should be filled out following the guidelines provided by USCIS, ensuring all information is current and correct.
Applicants must collect supporting documents to demonstrate continuous residence in the United States since the initial DACA approval. These may include school records, employment records, or utility bills.
It is essential to submit the renewal application within the period starting 150 days before and ending 120 days before the current DACA and work authorization expire.
The standard fee for renewing DACA is $495, which includes the employment authorization document (EAD). In cases of financial hardship, applicants may request a fee waiver by filing Form I-912, “Request for Fee Waiver,” and providing the required documentation.
Once a DACA renewal application is submitted, applicants enter a phase of waiting and responding to any requirements from USCIS. The following are steps and what one should expect:
After submitting the DACA renewal application, the applicant will receive a Receipt Notice from USCIS. This notice confirms that USCIS has received the application and provides a tracking number, known as a receipt number. Applicants should carefully store this notice as it is crucial for tracking the application’s progress.
As part of the renewal process, USCIS will schedule a Biometrics Appointment for the applicant. This appointment is for collecting fingerprints, a photograph, and a signature. The date, time, and location will be mailed to the applicant in the form of an appointment notice. It is important for applicants to attend this appointment or reschedule in advance if necessary.
In some cases, USCIS may require more information or documents to process the renewal application. If this happens, they will send a Request for Evidence (RFE). Applicants will have a specified time frame to respond. Missing the deadline can result in a delay or denial of the application, so prompt attention to an RFE is vital.
Upon successful review and approval of the DACA renewal application, the applicant will receive an Approval Notice. Subsequently, the updated Employment Authorization Document (EAD), which serves as a work permit, will be mailed to the applicant. The EAD is typically valid for two years from the date of issuance.
Maintaining Deferred Action for Childhood Arrivals (DACA) status requires diligent adherence to United States Citizenship and Immigration Services (USCIS) guidelines. One must report any changes in their circumstances, understand travel limitations, and comply with renewal timelines.
Individuals must report significant life changes to USCIS. This includes changes in:
DACA recipients face strict travel restrictions. They should be aware of the following:
Timely renewal applications are crucial for maintaining uninterrupted DACA status. Below is a summary of the renewal process:
Renewing DACA status involves understanding the legal framework and potential implications that come with the application process. Applicants should be aware of the specific legal considerations to maintain compliance and protect their rights.
An immigration attorney can provide personalized legal advice, ensuring that the renewal application adheres to current policies. Attorneys remain updated on any changes that may affect the DACA renewal process and can navigate complex legal issues.
One must understand the risks involved if their DACA renewal application is denied. These risks include loss of employment authorization and potential initiation of removal proceedings. Each applicant’s case is different, and they should be aware of the implications of a denial on their specific situation.
DACA recipients possess certain rights, such as the ability to work legally in the United States and protection from deportation. They also have responsibilities, including renewing their status on time and not engaging in activities that may disqualify them from protections. Recipients must comply with all renewal requirements and report any changes in their information to USCIS.
When renewing DACA status, applicants may benefit from a variety of support mechanisms, each offering specific forms of assistance. Understanding these resources ensures that individuals navigate the renewal process more effectively.
The U.S. Citizenship and Immigration Services (USCIS) provides the most authoritative and up-to-date information regarding DACA. Applicants should check the USCIS DACA page for:
Various organizations offer assistance and advocacy for DACA recipients. For personalized legal support, applicants can contact:
Workshops and seminars can be invaluable for those seeking to understand the complexities of the DACA renewal process. These sessions often cover:
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