Deferred Action for Childhood Relief (“DACA”) was released in 2012 and is a specific two-year grant of prosecutorial discretion allowing certain illegal aliens to reside, work and receive certain benefits without fear of deportation. To learn more about qualifying and applying for DACA, read more here.
Existing DACA recipients can now apply to renew their status, but certain conditions must be met, including a strict timeline. If you have received a grant of DACA and are approaching renewal, continue reading to find out how and when you should submit a renewal application.
An experienced immigration lawyer at JRQ & Associates will make sure your renewal is filed on time and with the proper supporting paperwork. Contact an immigration attorney at JRQ & Associates today to make sure your DACA grant does not expire.
Eligibility Requirements
In order to renew your DACA grant, you must:
- Have continuously resided in the U.S. from the time your original DACA was granted. There is an exception for those who were given permission to leave the country.
- Have not been convicted of a felony, a significant misdemeanor, or more than three misdemeanors.
- Cannot currently pose a threat to public safety or national security.
You should note that you do not still have to be under the age of 31 and you do not still have to be in school in order to obtain a renewal, as long as you met the original DACA requirements. An experienced immigration attorney at JRQ & Associates will evaluate your situation and advise whether you are eligible for renewal.
Renewal Timeframe
To ensure your renewal is accepted on time, you must submit your DACA renewal paperwork no earlier than 150 days before expiration and no later than 120 days before expiration. This 30-day window is very important because the United States Citizenship and Immigration Services (“USCIS”) will automatically reject your application if it is submitted too early, and your DACA grant will temporarily expire if submitted too late. If your DACA grant expires, even if you have a valid application pending, you will be considered “unlawfully present,” will be unable to lawfully work, and will risk deportation. Again, it’s important to contact an experienced immigration lawyer at JRQ & Associates to make sure everything is submitted correctly.
How to Renew
- You will need to pay a renewal fee.
- Submit a Form 1-821D (DACA Renewal) and also a Form I-765 for employment authorization.
- In some cases, you may need to submit new supporting documentation, such as documents regarding any new criminal charges or removal proceedings.
An experienced immigration lawyer at JRQ & Associates will ensure you have the proper forms with supporting documentation, and will only submit your paperwork within the correct period of time. If your DACA grant is nearing expiration, or if you want to set up a plan in advance for renewal, contact an experienced immigration attorney at JRQ & Associates today.
