DACA Renewal

Deferred Action for Childhood Arrivals (DACA) is an Obama-era executive order allowing undocumented immigrants who entered the country as children to apply for a two-year deferred action from deportation, work permit, social security number, and potential for international travel.

**Important information: As of December 7, 2020, USCIS has begun accepting first time DACA requests and advance parole applications based on the terms of the policy in effect prior to September 5, 2017. They continue to accept renewal requests as well. 

Initial criteria to meet 

Applicants will need to provide proof of the following: 

• The applicant was under the age of 31 as of June 15, 2012; 
• The applicant came to the United States before reaching their 16th birthday;
• The applicant has continuously resided in the United States since June 15, 2007, up to the present time; 
• The applicant was physically present in the United States since June 15, 2007, and at the time of making the requires for DACA with USCIS; 
• The applicant had no lawful status on June 15, 2012, meaning: 
  • They never had a lawful immigration status on; OR 
  • Any lawful immigration status or parole that was obtained before June 15, 2012, expired as of June 15, 2012; 
• The applicant is currently in school, has graduated, or obtained a certificate of completion from high school, have obtained a general education development certificate (GED), or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and 
• The applicant has not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. 

Renewal Criteria

DACA recipients continue to be eligible for renewal provided the initial 2012 DACA guidelines (set forth above) are met and:

1. Did not depart the United States on or after August 15, 2012, without advanced parole;
2. Have continuously resided in the United States since you submitted your most recent DACA request was approved;
3. Have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and do not pose a threat to national security or public safety.

When to renew?

USCIS is taking an approximately of 120 to 180 days to process DACA renewal requests and strongly suggest submission of the renewal request between 150 days and 120 days before the expiration date located on your Form I-797 DACA approval notice and Employment Authorization Document (EAD). Filing during this window will minimize the possibility that your current period of DACA will expire before you receive a decision on your renewal request. 

How to renew? 

You must complete and sign the following forms:

1. Form I-812D, Consideration of Deferred Action for Childhood Arrivals
2. Form I-765, Application for Employment Authorization
3. Form I-765W Worksheet

**Note: Do not submit any additional documents than the ones asked unless:

• You have new documents involving removal proceedings or criminal history that was not previously submitted on your DACA request.

Frequently Asked Questions:

Can I still request advance parole based on having DACA?

There are no fee waivers available for employment authorization applications connected to DACA. There are very limited fee exemptions available. Requests for fee exemptions must be filed and favorably adjudicated before an individual files the requires for DACA without a fee. To meet the fee exemption, you must submit a letter and supporting documents to USCIS demonstrating you meet one of the following conditions: 

• You are under 18 years of age, homeless, in foster care, or under 18 years of age and otherwise lacking any parental or other familial support and your income is less than 150% of the US poverty level; or 
• You cannot care for yourself because you suffer from a serious, chronic disability and your income is less than 150% of the US poverty level; or
• You have, at the time of the request, accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses for yourself or an immediate family member, and your income is less than 150% of the US poverty level. 

 Can I still request advance parole based on having DACA?

Yes. As of December 7, 2020, USCIS is accepting new requests for advance parole based on the terms of the DACA policy in effect before September 5, 2017. 

My deferred action under DACA has already expired or is expiring soon. Can my DACA request be expedited?

No. There is no expedited processing for deferred action.

What will happen if my current DACA expires before my renewal is processed? Will I be at risk of removal while this issue is being resolved? 

Consistent with longstanding USCIS policy, you will not have deferred action during gaps of time between the end of your current DACA and the agency´s adjudication of your renewal request.

If my DACA renewal request is approved after expiration of my current DACA, will the renewed deferred action apply retroactively?

No. In accordance with longstanding policy, an approved DACA request will not apply retroactively. An individual´s deferred action under the DACA policy begins the day USCIS approves the renewal request and is generally valid for 2 years from the date of issuance.