So last week I emailed the NILC (National Immigration Law Center) who are one of the biggest immigration advocacy groups out there about DACA renewals. I explained to them everything about the renewal guidelines and how some people have expiring DACA in September and in October and we have yet to hear anything back from USCIS. I also told them about the EAD extension and how most of us have talked to customer service and have requested Infopass and the Obudsman inquiry. In general, everything we have discussed here over the past few weeks regarding renewals I mentioned in the email and this is the response I got back from them today. I'm copy and pasting the email. Take note of the bolded part. This is no way meant to be legal advice and it's just the opinions and knowledge of a professional immigration lawyer.
Hi,
Your email was forwarded to me. You raise a lot of important concerns that we have also been concerned about.
Regarding the DACA renewal processing time, it is an estimated 120 days for renewal applications. The initial DACA application are taking about 6 months to approve.
USCIS states on their website, “USCIS encourages you to submit your request for renewal approximately 120 days (or 4 months) before your current period of deferred action under the Deferred Action for Childhood Arrivals (DACA) process expires. If you have filed approximately 120 days before your deferred action and Employment Authorization Document (EAD) expire and USCIS is unexpectedly delayed in processing your renewal request, USCIS may provide deferred action and employment authorization for a short period of time until your renewal is adjudicated.”
USCIS told us in several meeting that they will automatically mail EADs with an extension of 180 days if they cannot process the renewal application within 120 days.
If it’s close to the 120 mark since you submitted your application and you haven’t automatically received an EAD extension let me know and I may be able to follow up with CIS.
We've asked USCIS about people in your situation (who don’t have a full 120 days to apply for renewals because the renewal instructions were issued so late) and whether your renewal application will be expedited. We haven't gotten a concrete answer but USCIS does recognize that people like you didn't have a full 120 days to apply and should act more quickly on your application.
Please keep me posted on what happens with your renewal application and if you know anyone whose DACA expires without getting an automatic extension. We are tracking these issues and are in communication with USCIS about them.
Sincerely,
Shiu Ming
Shiu-Ming Cheer
Immigration Attorney
National Immigration Law Center
3435 Wilshire Bl. #2850
Los Angeles, CA 90010
213.674.2833 (o)
213.235.8269 (c)
[email protected].
