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.