DACA Renewal Process

On June 5, 2014, U.S. Citizenship and Immigration Services released guidelines for renewing original grants of Deferred Action for Childhood Arrivals (DACA) as well as a revised version of form I-821D. If you were granted DACA status, you should request renewal four to five months before your expiration date to avoid a lapse in legal status.

The expiration date for Deferred Action can be found on your work permit (EAD) or on the I-797 Notice of Action that you received when your DACA was approved. If your DACA expires before you renew, you could lose work authorization and your driver's license.

Who can Renew DACA?

You can file to renew your DACA status if you met the initial DACA requirements plus the following:
  • You did not leave the United States on or after August 15, 2012, without advance parole;
  • You have continuously resided in the United States since you submitted your most recent, approved DACA application; and
  • You have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and are not considered to pose a threat to national security or public safety.
For Deferred Action renewals, USCIS doesn't need additional proof that you graduated school or continued your education beyond the date you originally filed for DACA.

If you have had any criminal cases since you last applied for DACA, it is very important that you consult an attorney before applying to renew your Deferred Action.

When to Renew DACA

DACA recipients must file for renewal at least 120 days (4 months) before their expiration date to avoid a gap in legal status. If you submit your renewal request more than 150 days (5 months) before your DACA expires, USCIS may deny your application. It is best to apply for renewal somewhere between four to five months before your current period of DACA ends.

Late Renewals of DACA

If you wait to renew your Deferred Action and your current DACA status expires before renewal is granted, you may face serious immigration consequences. You will lose your work authorization. You will also accumulate "unlawful presence." This could make it difficult to become a permanent resident or U.S. citizen in the future. Protection from being removed from the USA could be jeopardized as well.

Documents needed to start the DACA Renewal Process

What documents do we need from you to start the DACA Renewal Process?

  • Your initial DACA application packet. If we did not prepare your initial DACA application, we may not be able to assist with your renewal unless you obtain a copy. You may request a copy from the provider who prepared your application, or by submitting a Freedom of Information Act/FOIA request with USCIS.
  • Your current DACA work permit and/or USCIS approval notice. If you have lost your work permit, bring another photo ID.
  • While proof that you completed your educational requirement by getting a high school diploma or GED or that your still in school, is not required now, USCIS may require that you produce these documents later pursuant to a Request for Evidence.
  • Two recent passport-style photographs.
  • $465 money order or cashier's check made out to USCIS.
  • All addresses where you have resided since you obtained DACA.
  • Your passport, including travel dates, if you have departed the US with advance parole since obtaining DACA.
  • If you have been arrested since applying for DACA, obtain documentation of the outcome of your arrest.

Here's How We Can Help You:

  • We will review your eligibility and identify any potential legal issues that may affect your eligibility
  • We will help you gather necessary documents in support of all relevant applications and petitions
  • We will prepare and submit all relevant applications and petitions with the appropriate U.S. Government office and ensure the submission of the correct filing fees
  • We will handle all communication with the appropriate U.S. Government office up until the interview is scheduled
If you have questions about whether you qualify to renew your Deferred Action or how you can take advantage of DACA, please call the Law Offices of Raul Ray for assistance at (408) 279-5793.
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