If you are an existing DACA participant, you have probably heard a lot of back and forth in the news about the future of the program. You may not know what to think. Here is what you need to know about the status of your DACA renewal:
For a while there, USCIS was not accepting renewal applications from existing DACA participants. On July 17th 2019, USCIS issued an update stating that due to the federal court orders from January 9th 2018 and February 13th 2018, it has resumed accepting requests to renew a grant of deferred action under DACA.
You may request renewal of DACA if you met the initial 2012 DACA guidelines and you:
- Did not leave the United States on or after Aug. 15, 2012, without advance parole
- Have lived in the United States the entire time since you submitted your most recent approved DACA application
- Have not been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors
- Do not otherwise pose a threat to national security or public safety
From there, if you are currently under DACA, or your period expired less than a year ago:
You may still file your DACA request as a renewal request. Please list the date your prior DACA ended in the appropriate box on Part 1 of the Form I-821D.
SPECIAL NOTE: Use the most recent version of Form I-821D and Form I-765 on the USCIS website or USCIS will reject your request.
You are not required to submit any additional documents at the time you request renewal, unless you have something related to removal proceedings or criminal history that is new since your last application.
Instead, USCIS will request any additional documents or statements they need to verify information provided in support of your application for renewal of DACA.
For a list of filing locations for your application, go here.
The Future of DACA is up to the Courts
Two federal appeals courts have issued nationwide preliminary injunctions that basically forced USCIS to continue to allow renewals for existing DACA participants. The issue is on its way to the highest court in the land—the Supreme Court will hear arguments in the case on November 12, and this should finally help to give DACA participants some clarity about the future of the program.
Needless to say, with all these factors in play, it would be a very good idea to hire the services of a competent immigration attorney for the renewal of your DACA application as soon as possible. I am here to help answer all your questions and help you with the application process! Reach out to me today!