DREAM Act Portal Forum - DACA renewal form Summary

https://www.facebook.com/katychavezdreamers

The first draft allowed renewals no more than 120 days before expiration. As a result of comments USCIS changed the instructions to allow renewals up to 150 days before expiration.

USCIS agreed to change the instructions to say that any proof that was previously submitted does NOT need to be submitted again.

One commentor said that DACA renewals, like TPS renewals, should not require proof of continued residence. The response form USCIS did not directly respond to this issue and simply said that "An RFE will be issued if more information is needed"

The responses say that "DHS has removed the educational questions pertaining to DACA renewals"

One commentor suggested that biometrics be waived for some applicants, but USCIS responded that biometrics will be required of all applicants.

As a result of one comment USCIS agreed that in cases where an applicant cannot get a copy of a court records because it was sealed or expunged that they can explain the situation on the forms.

USCIS stated that it will not be possible to allow DACA renewals online at this time, and the renewals will required paper application.

It was clarified that applicants that do NOT renew will not be referred to ICE, and that the decisions about whether or not to begin removal proceedings will be based on the current memo about issuing Notices to Appear.

One commentor stated that vacated or dismissed criminal charges should not have to be provided. USCIS decided that these charges are important in their decision and records will be required.

The instructions now reflect that individuals who demonstrate that they are enrolled in an education, literacy, or career training
program, or an education program assisting students in obtaining a regular high school diploma or its recognized equivalent under state law and is administered by a non-profit entity will satisfy the
“currently in school” component of the educational guideline.

One commentor suggested that the instructions clarify that there is *NO* maximum age to apply for DACA. The response was that the website will make this clear, but the instructions won't be changed.

The instructions were changed to clarify that a parent or guardian can sign if the applicant is under 14, or has a disability, and cannot sign.

The form was modified to ask if an applicant had "no lawful status" on 6/15/2012, rather than "entered without inspection". Although the response doesn't specifically address the issue it would appear that if an immigrant was in lawful status on 6/15/2012 they will never become eligible for DACA even if their status later expired.

The suggestion that an appeal process be available was rejected.

http://www.regulations.gov/#!docketD...SCIS-2012-0012