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In 2012, the Obama administration changed US immigration policy and put in place the Deferred Action for Childhood Arrivals (DACA) program. This policy defers the deportation of undocumented individuals who were brought to the country before their 16th birthday and before June 2007. The program effectively grants applicants temporary authorization to remain in the US for up to two years, as well as permission to apply for a work permit.
As this is a temporary authorization, this means that you will have to renew your DACA status by filing Form I-821D, among other , at least 150 days before it expires in order to remain in the US legally. Because renewing your DACA status can be a frustrating and confusing process, the guide below is intended to help you understand what USCIS needs for you to renew your DACA status in a timely fashion.
It is recommended that you apply to renew your DACA status at least 150 days before it expires. Filing a DACA renewal application with US immigration too early could cause an overlap between one authorization and another; file too late and your DACA status can expire before your application is processed. (Please note that filing a citizenship application more than 5 months or 150 days before your DACA status expires may cause USCIS to reject your application.)
It is thus suggested that you file your DACA status renewal application at least 150 days before it expires.
You will need to send USCIS 3 separate forms to apply to renew your DACA status: (1) Form I-821D, Consideration of Deferred Action for Childhood Arrivals; (2) Form I-765, Application for Employment Authorization; and (3) Form I-765WS, a worksheet related to the application for a work permit.
Different from applying for DACA for the first time, to renew your DACA status you only need to submit any new documentation if it is related to removal proceedings, or if you have committed any crimes.
DACA status renewal applications fees generally cannot be waived, except under specific and very limited circumstances.
This includes: minors under 18 who are homeless, in foster care, or do not have any parental or familial support; people who cannot care for themselves because of a chronic disability; and people who have accumulated $10,000 or more in debt in the past 12 months because of unreimbursed medical expenses.
In all of these cases, applicants needing a fee waiver will need to also have an income that’s less than 150% of the US poverty level.
Filling out a DACA status renewal application can be quite cumbersome and include instructions that are complex. To minimize errors and to prevent your DACA renewal application from being rejected by USCIS, make sure you:
USCIS intends to process DACA status renewal applications within 150 days. You may send an inquiry regarding the status of your submitted DACA renewal application to USCIS if you do not receive a response after 105 days. If you submitted your DACA renewal application at least 120 days before the scheduled expiration date and USCIS has not made a decision, you may be granted a temporary extension.
Being granted a DACA renewal, and becoming an American citizen later on, require a lot of patience, perseverance, and excellent organization skills. Much like the US citizenship application, filing your DACA status renewal application can be confusing and difficult, especially if the legal wording on the forms is hard to understand.
But a little knowledge, our help and a lot of preparation can make renewing your DACA status easier and prevent your application from being rejected because of mistakes that can easily be avoided.
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