JULY 2021 DACA NEWS
The Federal Judge in Texas has issued an Order which stays any approvals of any new application. Renewals may continue with the process. The applications are not barred from being submitted-they will not be approved until the Order is challenged on appeal. Hopefully, it will be overturned or legislation will be enacted to govern DACA.
USCIS will continue to accept new applications, but is prohibited from approving them until the issue is decided on appeal.
The Judge found the 2012 Executive Order violated the administrative procedure act finding: “D.H.S. failed to engage in the statutorily mandated process,” he wrote, “so DACA never gained status as a legally binding policy that could impose duties or obligations.”
The current administration has a right of appeal. Another remedy is to enact legislation to authorize the DACA program in the proper manner.
So for now, new applications submitted before this Order will remain in a holding pattern-not denied or terminated. New applications will be accepted, but will not be approved. It is important that any DACA recipient renew in a timely manner.
STATUS: We will have to wait until the Courts decide the issue or legislation is passed.
Please call the office with any questions.
What Are The Requirements For DACA?
- You were under 31 years old as of June 15, 2012;
- You first came to the United States before your 16th birthday;
- You have lived continuously in the United States from June 15, 2007 until the present;
- You were physically present in the United States on June 15, 2012 and at the time you apply;
- You came to the United States without documents before June 15, 2012, or your lawful status expired as of June 15, 2012;
- You are currently studying, or you graduated from high school or earned a certificate of completion of high school or GED, or have been honorably discharged from the Coast Guard or military (technical and trade school completion also qualifies); and
- You have NOT been convicted of a felony, certain significant misdemeanors (including a single DUI), or three or more misdemeanors of any kind. Consult with an attorney about ANY contact you have had with law enforcement or immigration authorities.
WHO CAN APPLY FOR DACA RENEWAL?
Only persons who already have an approved DACA case are eligible for renewal.
You are still eligible for DACA renewal even if:
- You are now over 31. You cannot age out of the program.
- You have graduated or are studying at a different school or program.
WHEN TO APPLY FOR DACA RENEWAL?
Apply at least 150 days before your DACA and work permit expire. However, USCIS is now accepting applications more than 150 days prior to the expiration date, so you can apply as early in advance as you want to. If you apply for renewal in this time range, you should receive an approval notice and new work permit before your current one expires.
It is important to apply for renewal on time to avoid losing protection from deportation, being without valid work authorization, and accruing unlawful presence once your Deferred Action relief expires.
WHAT’S THE PROCESS?
- Get Help: CONTACT GILLSILLE LAW, LLC
- Calculate When to Apply for Renewal: Submit your application at least 150 days (5 months) before your DACA and work permit expire. We do not recommend filing it any later than four months in advance.
- Complete Applications:
- Form I-821D – Consideration of Deferred Action for Childhood Arrivals (DACA). Indicate this is a renewal application and only complete sections required for renewal applicants. Provide updated information in those sections.
- Form I-765 – Application for Employment Authorization (EAD). Indicate the application is for a renewal EAD (work permit). List your current status as “DACA recipient,” and for question 16 the eligibility category is (C)(33).
- Form I-765WS – Worksheet. Briefly explain your economic need to work.
- Submit Applications: Include two passport photos, copy of current work permit and fee. The fee is $495.00. Pay using a check or money order payable to the Department of Homeland Security. Mailing address for California residents:
USCIS Phoenix Lockbox, P.O. Box 20700, Phoenix, Arizona 85036-0700
- Schedule Appointment: You will receive a receipt by mail and a biometrics (fingerprinting) appointment notice.
- Final Steps: After being fingerprinted, you will receive either a letter asking for additional information (called a Request for Evidence) or a final decision.
WHAT DO I INCLUDE IN THE RENEWAL APPLICATION?
Your renewal application is an update to your initial application. Update your address, any travel you did under advance parole, any arrests or criminal issues that took place since your initial application, and any contact with immigration authorities or the immigration court since your first application.
Make sure that the information in your renewal application is consistent with your initial DACA application. If you need a copy of your initial application, you can request one by filing Form G-639 with USCIS. If your address has changed, include the new address on the application and complete a change of address with USCIS, which you must complete any time your address changes.
The exception is if there has been a change since your initial application regarding your Immigration Record (your case is pending in immigration court, you were detained by immigration authorities, etc.), or your Criminal Record (you were arrested, detained, and/or convicted of a crime). If either of these apply to you, consult an attorney, make sure your application reflects this new information, and submit evidence that this change in your situation does not impact your DACA eligibility (for example, the court disposition regarding a criminal case or an immigration judge’s order closing your case).