Client “JR” was brought into the U.S. as an infant (without documentation) and has attended school in the U.S. for the last 16 years. He is a star soccer player at his High School and worried that he would not be able to apply for college because of his undocumented status. Thanks to our team at Liga Legal, he obtained a work permit, social security number, and driver’s license! He can now focus on his favorite sport and college applications. If you know anyone who might benefit from DACA, contact us today at 1-800-500-1102! See our past blog on the requirements here: [ please find past blog on DACA & renewals]
When and how should a person with DACA apply for renewal?
A person who currently has a work permit under DACA may apply for a renewal up to 4 months before the date that the current work permit expires. The person should not delay after expiration to renew or else they risk having to submit all of the documents required in the original application. Basically, if you wait until it expires or long enough after that, you will start over from the beginning.
Who may submit a DACA renewal request?
A person who was previously approved for DACA, and has a work permit that is due to expire within the next 4 months, may request a renewal if the additional requirements are met:
- The person must not have departed the U.S. after August 15, 2012, without advance permission.
- The person resided in the U.S. from the time of submitting the initial DACA up to the present.
- If the person qualified for DACA based on demonstrating that he or she was “in school” in the initial request, then the person must have satisfied the education guideline (i.e., graduated).
What are the fees associated with the DACA renewal application?
The renewal request costs the same as the original: $465, which includes $85 fee for re-taking your fingerprints (biometrics). NOTE: There is a NEW form I-821D that must be used as of June 5, 2014!
Does a person with DACA have to be in college or currently be working in order to be eligible for DACA renewal?
No. A person does not have to be enrolled in college or currently working in order to be eligible for DACA renewal. If the person delays too long after expiration and must re-apply, then yes, the would have to show evidence of enrollment.
If a person with DACA has been arrested or convicted of a crime since originally obtaining DACA, what should he or she do?
Contact an immigration attorney immediately to review your arrests or criminal charges, no matter how minor the charge or crime may seem. It may be best not to apply if you could be disqualified.
If a person’s DACA renewal request is denied, what will happen? Will the person be placed in deportation proceedings?
Generally, USCIS will refer the applicant’s case to ICE (the immigration enforcement authorities) only if it involves a criminal offense, fraud, or a threat to national security or public safety.
If you have any questions regarding this topic or any other legal questions, please contact our attorneys at: 1-800-500-1102 for a FREE consultation, or fill out the Contact Request Form on our site.
By: Yesenia Acosta, Esq.
As part of Obama’s Secure Communities program, there has been a strong cooperation between law enforcement agencies and Immigration and Customs Enforcement (ICE). For instance, once local police runs the fingerprints and background check of anyone booked into jail, they are compared with ICE records and Immigration Officers are automatically notified of a hit, even if the person was not formally charged or convicted of any criminal acts. The immigrant detainee is usually detained longer until ICE decides to process the detainee and move them to an immigration detention center.
According to a recent article in the L.A. Times, more than a dozen California counties have stopped honoring requests from immigration agents to hold potentially deportable inmates beyond the length of their jail terms, claiming the practice may expose local sheriffs to liability. Officials in counties including Los Angeles, San Diego, Riverside and San Bernardino have stopped complying, citing a recent federal court ruling that found an Oregon county liable for money damages after it held an inmate beyond her release date awaiting a transfer to Immigration (ICE) custody. (See original article at: http://www.latimes.com/local/la-me-immigration-holds-20140602-story.html)
Immigrant advocates have long fought against automatic holds placed on arrestees because of racial profiling issues, and because the system does not discern between people booked for driving without a license from the enforcement priorities that focus on serious criminals. The recent refusals to comply with ICE holds may or may not signal a wider policy change. In the meantime, people without legal status in the U.S. must be prepared in case they are detained by law enforcement or ICE officials. Family members should not to give any information to officers concerning one’s immigration status. They should have contact information to a skilled immigration attorney at hand to contact immediately after any arrests to defend against a possible deportation.
Please contact our immigration attorneys for a free consultation, at: 1-800-500-1102.