Deferred Action for Childhood Arrivals Renewal

In September 2012, USCIS began deferring action for childhood arrivals and issuing employment authorization for two years. However, in September 2014, the initial two-year grants are due to expire, and USCIS is in the process of preparing renewal applications in which eligible individuals can request and receive an extension of their deferred action without lapsing in their lawful presence or employment authorization. USCIS plans to announce the details of the final process in late May 2014.

By way of background, on June 15, 2012, the DHS began accepting DACA requests, which is a form of administrative relief given to a person with unlawful immigration status that grants them temporary protection from deportation if they can prove that they fulfill certain criteria. [Please see January 15, 2014 DACA blog on our site for more information on the specific DACA requirements].

If you wish to renew your deferred action for another two-year period, you must submit [Form I-821D], Consideration of Deferred Action for Childhood Arrival to USCIS. However, you must submit the revised [Form I-821D], which is forthcoming, since it is currently being drafted and is unavailable for use at this time. USCIS will not accept renewal filings until the new version of the form is published in May 2014. This form must be accompanied with [Form I-765], Application for Employment Authorization and [Form I-765WS].

If your previous period of deferred action expires before you receive a renewal of deferred action under DACA, you will accrue unlawful presence and will not be authorized to work for any time between the periods of deferred action. Because of this, USCIS encourages that you submit your renewal 120 days before your current period of deferred action under DACA expires. While USCIS will continue to accept filings after this date, it will not accept renewals made earlier than 150 days before that expiration date.

As with your initial DACA application, USCIS will review your request to determine whether the exercise of prosecutorial discretion is appropriate in your case. However, USCIS reviews applications on a case-by-case basis, and its decisions are unreviewable. You only need to submit new documents pertaining to removal proceedings or criminal history that you have not already submitted, meaning that you would not have to re-submit documents that you have already included with your previous DACA request that has been approved.

For more information, please contact our office for a consultation or visit the USCIS website at: http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/ice-granted-daca-renewal-guidance
Posted On: 2014-Apr-17
 


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