USCIS Announces Possible DACA Renewal Process

It has been almost two years since the Deferred Action for Childhood Arrivals (DACA) program went into effect. That means that soon the more than 521,000 people who were approved for the program will have to begin the process of renewing their permits.

Yesterday, the U.S. Citizenship and Immigration Services (USCIS) announced that it will published in Spanish preliminary information on the renewal process for DACA permits and employment authorization. They have not yet finalized all the details, and are not yet accepting renewal applications.

Here are the preliminary details, according to USCIS:

In September 2012, USCIS began deferring action for certain childhood arrivals and issuing them employment authorization for a period of two years. Beginning in September 2014, USCIS' initial grants of deferred action to early DACA recipients, which are valid for two years, will expire by their own terms. USCIS is actively preparing for the DACA renewal process so that eligible individuals can request and receive an extension of their deferred action without having to experience any interruption in their lawful presence or employment authorization.

USCIS anticipates releasing a new dual-use Form I-821D, Deferred Action for Childhood Arrivals Consideration, for filing both initial applications and renewals, by the end of May 2014. It will also update the Frequently Asked Questions Section with additional information.

If you received DACA from USCIS and are interested in renewing it, you must wait until USCIS publishes the new form before submitting your renewal application.. If you are filing an initial DACA request, you may continue to use the current form until the new version is available. For more information read below.

In order to help the public prepare for the anticipated USCIS DACA deeming renewal process, we have created a summary of the process. The summary below is subject to change until USCIS announces the details of the final process at the end of May 2014.

Summary of how to apply for DACA renewal:

* Submit the revised version of Form I-821D, Consideration of Deferred Action for Childhood Arrivals, along with Form I-765, Application for Employment Authorization, and Form I-765S, Worksheet, as you did on the initial application. The next version of Form I-821D will be dual-use for both initial filings and renewals and will contain modified questions that will be case-specific.  The form is currently undergoing the public comment process in the Federal Register and is not yet available for use..

* Not present the current version of Form I-821D if you wish to renew. USCIS will not accept renewal applications until the new version of the form is published. However, if you received DACA from ICE instead of USCIS, please read the DACA Renewal Guidelines issued by ICE.

* Submit your DACA renewal application packet approximately 120 days (or 4 months) before your DACA expires. This is also the date that your Employment Authorization Document (EAD) will expire. Although USCIS will continue to accept applications after this date, it will not accept applications made more than 150 days (or 5 months) before the expiration date. in advance of the date your Employment Authorization Card expires. This expiration date is printed on the front of your EAD, Form I-766. A properly completed application includes Forms I-821D, I-765 and I-765WS, along with fees and evidence documents, if applicable.

- If you file your renewal application approximately 120 days before the expiration date of your DACA term, USCIS anticipates that it will make a decision on your Request for Deferred Action and adjudicate your Application for Employment Authorization in sufficient time before the end of the term of your deferred action and EAD. If you filed your request at least 120 days before your deferred action and EAD expire and USCIS has an unexpected delay in processing your request, USCIS may grant you deferred action and employment authorization for a short period of time until your renewal request is adjudicated.

* You will only need to submit new documents related to removal proceedings or criminal history that you have not previously submitted to USCIS. You will not have to resubmit documents that you already submitted with your previously approved DACA application. However, you should keep copies of all documents that evidence how you complied with DACA requirements so that you can provide them if USCIS requests them.

NOTICE: If you received DACA from USCIS, not present the current version (issue date 6/25/13) of Form I-821D for renewal. USCIS no will accept renewal applications until the new version of the form is published at the end of May 2014. However, if you are among those few people who received Deferred Action for Childhood Arrivals (DACA) from Immigration and Customs Enforcement (ICE) between June 15, 2012 and August 15, 2012, please read the ICE Issued DACA Renewal Guidelines.