How to Apply for Deferred Action Renewal (DACA)?

Today the US government announced the renewal process for beneficiaries (also known as “Dreamers”) of the Deferred Action For Certain Youth Who Entered The US As Children program (“Deferred Action for Children Arrivals” or ” DACA “.) For this reason, the US Citizenship and Immigration Service (USCIS) has made a renewed form available to all beneficiaries to begin the DACA renewal process.

Recipients may apply to renew their DACA status if they still maintain the original requirements and the new requirements for renewal.

ORIGINAL REQUIREMENTS FOR DACA :

  1. Have arrived in the United States before reaching the age of 16 and before June 15, 2007;
  2. Having stayed in the United States since June 15, 2007 and having been present in the United States on June 15, 2012;
  3. Have been under 31 years of age on June 15, 2012;
  4. Be enrolled in a school, have graduated from college, or have a GED; and
  5. Not have been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and not be a threat to the public and internal security of the United States.

ADDITIONAL REQUIREMENTS FOR RENEWAL OF DACA:

  1. Not having left the United States on or after August 15, 2012 without prior authorization (advance parole);
  2. Have continuously resided in the United States since requesting the last approved DACA application; and
  3. Not have been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and not be a threat to the public and internal security of the United States.

DACA recipients who have obtained approval based on enrollment at an institution that offers GED programs will have to demonstrate completion of the GED course and diploma, or still continue to attend courses. Those beneficiaries who have dropped out of GED classes once their DACA application has been approved will have increased scrutiny and will likely not be able to renew their DACA status.

DACA status was originally approved for just two years and will begin to expire in September 2014. We recommend that all beneficiaries, who are still eligible for a renewal, begin the renewal process immediately, so that they do not miss any lapses in their work authorizations nor are they exposed to deportation. It is best to start the process 120 days before the DACA status expires.

Eligible beneficiaries will be able to renew their DACA status through the following forms provided by the USCIS: I-821D (Application for DACA), I-765 (Application for Work Permit), and I-765W. The old form will no longer be usable and will be rejected by USCIS. The $ 465 fee will be the same as originally stipulated for original applications. The USCIS will thoroughly review the criminal record of each person requesting a DACA renewal.

As always, if you have any questions or concerns about this topic or any other topic related to immigration, you can contact us at 888,900.1748 or through our different Facebook, twitter and google plus platforms. Our expert immigration attorney , Luis A. Guerra, will be happy to assist you!

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