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DAP Forums > DREAM Act > The News Room

Update for DACA Renewals April 9, 2014

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#1
04-10-2014, 11:54 AM
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live4dream
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In September 2012, USCIS started deferring action for certain childhood arrivals and issuing employment authorization for a period of two years. Beginning in September 2014, the initial two-year grants of deferred action for early recipients of DACA from USCIS are due to expire under their own terms, and USCIS is actively preparing for the DACA renewal process so that eligible individuals can request and receive an extension of their deferred action without experiencing any lapse in their lawful presence or work authorization.

In late May 2014, USCIS anticipates publishing a new dual-use Form I-821D, Consideration of Deferred Action for Childhood Arrivals, to allow for both initial and renewal requests, and updating Frequently Asked Questions with additional information. If you received DACA from USCIS and will seek to renew, you must wait until USCIS publishes the new form before filing your renewal request. If you are filing for initial DACA, you may continue to file using the current form until the new version is available (See below for additional information).

To help prepare the public for the anticipated process to request a renewal of DACA from USCIS, we have created an outline found below. This outline is subject to change until USCIS announces the details of the final process in late May 2014.

Outline to request renewal of DACA from USCIS:

File the revised version of Form I-821D, Consideration of Deferred Action for Childhood Arrivals, together with Form I-765, Application for Employment Authorization and I-765WS, Worksheet, as in the initial filing. The forthcoming version of Form I-821D will be dual-use for both initial and renewal filers and will contain modified questions pertaining to each situation. The draft form is currently going through the Federal Register public comment process and is not yet available for use.
Do not file the current version of Form I-821D to renew. USCIS will not accept renewal filings until the new version of the form is published. However, if you received DACA from ICE instead of USCIS, please read the ICE-Granted DACA Renewal Guidance.
Submit your DACA renewal request package approximately 120 days (or 4 months) before your current period of DACA expires. This is also the date that your Employment Authorization Document (EAD) expires. While USCIS will continue to accept filings after this date, it will not accept requests made earlier than 150 days (or 5 months) before that expiration date. The expiration date is printed on the front of the EAD, Form I-766 . Complete renewal requests include signed Forms I-821D, I-765, and I-765WS with fee and evidence, if applicable.
If you file your renewal request package approximately 120 days before the expiration date of your current period of DACA, USCIS anticipates making a decision on your deferred action request and adjudicating your employment authorization application well before your current period of DACA and employment authorization expires. If you have filed at least 120 days before your deferred action and 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.
You only need to submit new documents pertaining to removal proceedings or criminal history that you have not already submitted to USCIS. You do not need to re-submit documents you already submitted with your previous DACA request that was approved. However, you should keep copies of all documents that support how you meet the DACA guidelines so you can provide them if they are requested by USCIS.
NOTE: If you received DACA from USCIS, do not file the current version (edition date 6/25/13) of Form I-821D to renew. USCIS will not accept renewal filings until the new version of the form is published in late May 2014. However, if you are among those few individuals who received deferred action for childhood arrivals from Immigration and Customs Enforcement (ICE) between June 15, 2012 and August 15, 2012, please read the ICE-Granted DACA Renewal Guidance.

FAQs updated January 18, 2013

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization. Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not provide an individual with lawful status.

If you need further information and cannot find it on this Web page or in our Frequently Asked Questions, you may contact our National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TDD for the hearing impaired). Customer service officers are available Monday – Friday from 8 a.m. – 8 p.m. in each U.S. time zone.


http://www.uscis.gov/humanitarian/co...rivals-process
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#2
04-10-2014, 01:04 PM
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drdaca
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This is huge and awesome news, it looks like everything will be super simple.

My biggest concern is the 120 days requirement. I was one of the first approvals, mine expires right before October, its going to be such a tight window to refile.
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#3
04-10-2014, 05:12 PM
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Mine expires at the end of November, so I should apply in August. I'll apply in early July though.
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#4
04-10-2014, 06:27 PM
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This was posted also in The Lounge. Thanks.

I am glad that we do not have to submit more evidence, just the forms. My DACA expires on Oct 12 so I guess I have to file renewal around July. I hope the duration won't be long.
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#5
04-10-2014, 11:30 PM
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You guys are lucky, I have to apply on June.
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#6
04-11-2014, 11:17 AM
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Quote:
Originally Posted by Resistant View Post
You guys are lucky, I have to apply on June.
So am I. Mine expires on October 10
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#7
04-12-2014, 07:42 AM
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Looks like no expansion but indeed this is good news. Go USCIS brah!!! I am an American ..by heart..not on paper so this is heart warming news!
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#8
04-14-2014, 02:42 PM
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fl_dreamer
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I am pumped!! Already have my pay stubs till date printed and ready to submit! Lets get this process started!
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#9
04-14-2014, 03:14 PM
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Quote:
Originally Posted by Swim19 View Post
This is interesting. If you click the 'view document' on the link below, you can read through USCIS response to public comments about the renewal process.

http://www.regulations.gov/#!documen...2012-0012-0067

And I think we will have to provide proof of having resided in the US since filing for DACA:

Quote:
An individual may be considered for Renewal of DACA if he or she met the guidelines for consideration of Initial DACA up to the present time; and
1. Did not depart the United States on or after August 15, 2012 without advance parole;
2. Has continuously resided in the United States since he or she submitted his or her request for Initial DACA up to the present time; and
3. Has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety



Looks like we will need a package for the past 2 years
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#10
04-15-2014, 07:58 PM
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Laterlater
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Quote:
Originally Posted by Pianoswithoutfaith View Post
Looks like we will need a package for the past 2 years
Criteria is narrower however:
1 & 2 are basically one and the same for most - evidence of continuous residence.

# 3. No criminal record, defined negatively by three or more misdemeanors minimum, involving them checking and us avowing we have none or such in a check-box probably.

Like to see more details on updated and officially released form.
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