1. What is the process for renewing DACA status?
The process for renewing DACA status is as follows:
1. Gather necessary documents: The first step is to gather all the necessary documents, including a completed Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization), and Form I-765WS (Form for requesting an economic necessity exception).
2. Check eligibility: Before submitting your renewal application, make sure you meet all the eligibility requirements for DACA renewal. This includes being under 31 years old as of June 15, 2012, having continuously resided in the United States since June 15, 2007, and meeting education or military service requirements.
3. Submit application: Complete the forms accurately and submit them together with the required filing fee to USCIS. You can choose to file online or through mail.
4. Biometrics Appointment: Once USCIS has received your application and reviewed it, you will be scheduled for a biometrics appointment at a USCIS Application Support Center.
5. Medical Exam: If you are applying with a new medical condition, you may need to undergo a medical exam by an authorized doctor and submit a completed Form I-693 with your renewal application.
6. Wait for decision: After completing all necessary steps, wait for USCIS to make a decision on your DACA renewal application. It usually takes about 4-6 months from the date of submission.
7. Receive approval notice: If approved, you will receive an approval notice along with your new Employment Authorization Document (EAD).
8. Renew work permit (optional): If you want to renew your work permit while awaiting a decision on your DACA renewal application, you can file Form I-765 along with supporting documents and payment of fees.
9. Reapply if denied: If your DACA renewal application is denied, you may reapply after gathering additional evidence or correcting any errors made in the initial application.
Note: It is important to submit your renewal application at least 150 days before your current DACA expires to avoid a gap in your status. You can also seek legal advice from an immigration attorney for assistance with the renewal process.
2. How often must a DACA recipient renew their status?
DACA recipients must renew their status every two years in order to continue receiving deferred action and work authorization.
3. What are the eligibility requirements for renewing DACA status?
– Must have continuously resided in the US since their last DACA approval
– Must not have left the US on or after August 15, 2012 without advanced parole
– Must have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors
– Must not pose a threat to national security or public safety
– Must be currently enrolled in school, graduated from high school, obtained a GED certificate, or honorably discharged from the military
– Must not have had any subsequent DACA requests denied for any reason other than administrative closure
4. How long does the renewal process typically take?
The renewal process can vary depending on the type of renewal and your specific situation. In general, it can take anywhere from a few weeks to several months. It’s important to plan ahead and submit your renewal application well in advance of your expiration date to allow enough time for processing.
5. Are there any restrictions on travel for DACA recipients before or after they renew their status?
There are currently no restrictions on travel for DACA recipients before or after they renew their status, as long as they have a valid work permit (EAD) and properly document their travel with the appropriate forms. However, it is important for DACA recipients to be aware of any potential changes to DACA policy that could impact their ability to travel. It is always recommended to consult with an immigration attorney before traveling outside of the United States.
6. Can a DACA recipient work while their renewal is pending?
Yes, a DACA recipient can continue to work while their renewal application is pending. The Employment Authorization Document (EAD) that grants work eligibility is automatically extended for up to 180 days from the date of expiration if the DACA renewal request is filed at least 120 days before the current EAD expiration date. This allows for continued work authorization while the renewal application is being processed. However, it is recommended that the recipient inform their employer about the pending renewal and provide them with a copy of the receipt notice as proof of continued work eligibility.
7. Is there any fee associated with renewing DACA status?
As of June 2021, the fee for renewing DACA is $495. This covers the application fee and biometrics processing fee. However, applicants may be eligible for a fee waiver if they can demonstrate financial hardship. Additionally, some organizations offer financial assistance to cover the renewal fee for DACA recipients.
8. Are there any educational requirements for renewing DACA status?
Yes, individuals must have completed a high school diploma or GED, be currently enrolled in school, or be honorably discharged from the U.S. armed forces in order to renew their DACA status. Additionally, they must not have any felony convictions or significant misdemeanors on their record.9. What documents are required to renew DACA status?
To renew DACA status, an individual must submit the following documents:
1. Form I-821D, Consideration of Deferred Action for Childhood Arrivals
2. Form I-765, Application for Employment Authorization
3. Form I-765WS, Worksheet
4. Filing fee (currently $495)
5. Two passport-style photos
6. Copy of previous DACA approval notice
7. Copy of identity documents (passport, birth certificate, etc.)
8. Proof of continuous residence in the United States since initial DACA approval (e.g. school records, rent receipts, bills)
9. Confirmation of enrollment or completion of high school or GED program (if applicable)
10. Any new criminal history or immigration violations since initial DACA approval must be disclosed with corresponding court and/or arrest records
11.
Copy of U.S Citizenship and Immigration Services (USCIS) Request For Evidence (RFE) response (if applicable)
10. How long is the renewal approval period?
The renewal approval period can vary, but it is typically for one year. After that, the license will need to be renewed again in order to continue practicing or operating. The specific time frame for renewal approval may also depend on the type of license or certification being renewed. It is important to check with the relevant licensing agency for specific information on renewal dates and procedures.11. Is there a deadline to submit an application for renewal?
It depends on the specific program or organization that is granting the renewal. Some may have a set deadline for renewal applications, while others may accept them on a rolling basis. It is important to check the guidelines and/or contact the program/organization directly for more information.
12. Will a renewal application be denied if information is incorrect or incomplete?
It is possible that a renewal application could be denied if the information provided is incorrect or incomplete. This would depend on the specific circumstances and policies of the agency or organization processing the renewal application. It is important to carefully review and double-check all information before submitting a renewal application to avoid any potential issues or delays.
13. Can a DACA recipient be deported if they fail to renew their status in time?
Yes, if a DACA recipient fails to renew their status in time, they may be considered “out of status” and subject to deportation. It is important for DACA recipients to meet all eligibility requirements and timely renew their status in order to maintain their protection from deportation.
14. What are the consequences of not renewing DACA status before it expires?
If the DACA status is not renewed before it expires, the individual will no longer have protection from deportation and will lose their work permit. They will also lose access to any benefits or programs associated with their DACA status, such as in-state tuition for college and driver’s licenses. The individual may also be at risk of being detained by Immigration and Customs Enforcement (ICE) and could potentially face deportation proceedings. It is important to renew DACA status on time to avoid these negative consequences.
15. Are there any consequences for submitting a late renewal application?
Yes, there may be consequences for submitting a late renewal application. You may incur late fees or penalties, your approval for renewal may be delayed, and in some cases, your license or certification may even be suspended or revoked. It is important to submit your renewal application on time to avoid any potential consequences.
16. Is it possible to appeal a denial of renewal of DACA status?
Yes, it is possible to appeal a denial of renewal of DACA status. The process and requirements for an appeal may vary depending on the reason for the denial, but in general, you can submit a written request along with any supporting documentation to the same USCIS office that denied your initial application. It is important to note that there is a specific time frame in which you must file an appeal, typically within 30 days of receiving the denial notice. You may also seek assistance from an immigration lawyer or accredited representative who can guide you through the appeals process.
17. What happens if a DACA recipient fails to meet the renewal requirements?
If a DACA recipient fails to meet the renewal requirements, their status will expire and they will lose their protections and benefits under the program. They may also become subject to deportation if they are found to be in the country without proper documentation.
18. Are there any resources available to help immigrants with the renewal process of DACA status?
Yes, there are several resources available to help immigrants with the renewal process of DACA status:
1. United We Dream’s DACA Resource Page: This resource page provides step-by-step instructions on how to renew DACA status, updates on any changes to the program, and a list of organizations that can assist with the renewal process.
2. National Immigration Law Center (NILC): NILC provides a Renewal Guide for DACA recipients, which includes information on eligibility, documents needed for renewal, and tips for completing the application.
3. American Immigration Council: The American Immigration Council provides a detailed guide on preparing for DACA renewal and offers a list of frequently asked questions regarding the process.
4. National Immigrant Justice Center (NIJC): NIJC offers free legal assistance for individuals seeking to renew their DACA status. They also provide resources such as webinars and workshops to support DACA recipients through the renewal process.
5. Local Legal Aid Organizations: Many local legal aid organizations offer free or low-cost legal services to immigrants, including assistance with DACA renewal applications. Search online or contact your local bar association for a list of legal aid organizations in your area.
6. College and University Resources: Many colleges and universities have resources available for immigrant students, including support with DACA renewals. Check with your school’s student services office or immigration center for more information.
7. Community-Based Organizations: Various community-based organizations provide free or low-cost legal services to immigrants in need of assistance with their immigration status, including DACA renewals. Contact your local immigrant rights’ organization or community center for more information on available resources.
It is important to note that due to recent changes in immigration policies and ongoing litigation surrounding the future of the DACA program, it is advised to seek current information from reputable sources before beginning the renewal process.
19. Are there any programs that provide financial assistance to help defray the costs associated with renewing DACA status?
Yes, there are several programs that offer financial assistance to individuals who need help covering the costs of renewing their DACA status. Some examples include:1. The Dream.US Scholarship: This scholarship is specifically for undocumented students who have been granted DACA or Temporary Protected Status (TPS). It provides up to $33,000 for tuition and fees over the course of a four-year degree program.
2. United We Dream’s Renewal Fund: This fund provides financial assistance to Dreamers who are unable to afford the $495 renewal fee for DACA. It is open to individuals across the country and offers grants ranging from $100 to $1,500.
3. The Mission Asset Fund’s DACA Renewal Fund: This fund offers grants of up to $495 to cover the cost of DACA renewals for individuals living in California, Texas, New York, Illinois, Florida or New Jersey.
4. ScholarshipsA-Z Renewal Scholarships: This organization offers scholarships of up to $465 to help cover the cost of DACA renewals for eligible individuals.
5. State-based assistance: Some states have established funds or programs specifically aimed at assisting with DACA renewal fees. For example, California offers grants through its California Department of Social Services and various community organizations also provide assistance.
It is important to note that these programs often have limited funding and eligibility requirements may vary. It is recommended to do research on available resources in your local area or contact organizations that specialize in providing support for undocumented individuals for more information on potential financial assistance options.
20. Are family members of a DACA recipient eligible for renewal as well?
No, family members of DACA recipients are not eligible for renewal. Only individuals who were granted DACA themselves are eligible to apply for renewal.