DACA Renewal – All The Information You Need To Know if You Are Looking to Renew

You should assess whether it makes sense for you to apply as soon as possible. There is no deadline by when applications are due. However, the government has already made public that they plan on appealing the court decision. The renewal program may be available indefinitely or may be stopped by another court depending on how the case proceeds in the courts.

If your DACA expired before September 5, 2016, you can request to renew your DACA but you must fill out an initial application. If you had DACA and your DACA issuance was cut short by DHS (meaning DHS terminated your DACA), you can renew your DACA, but you have to fill out an initial DACA application. Information about the requirements and process for an initial application is available at www.nilc.org/faqdeferredactionyouth/ Be sure to include the date your DACA expired on Part 1 of the Form I-821D.

The renewal request costs $495. In very limited circumstances, applicants may be exempted from having to pay the fees.

Regardless of whether your initial DACA was adjudicated by ICE or by USCIS, you must submit your application for renewal to USCIS. Where, specifically, you must send your application depends on where you live. Check USCIS’s “Direct Filing Addresses for Form I-821D, Consideration of Deferred Action for Childhood Arrivals” for the correct mailing address.

YES. If you were granted DACA, you may submit an application to renew your DACA. You must also meet the following requirements in order to qualify for DACA renewal:

• You must not have departed the U.S. on or after August 15, 2012, without first having been granted advance parole.
• You must have resided continuously in the U.S. from the time you submitted the initial request for DACA up until the present time.
• You must not have been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and must not otherwise pose a threat to national security or public safety.

To prepare to apply for DACA renewal:

• It’s crucial to weigh the pros and cons of applying at this time. You must consider the possibility that the order requiring USCIS to accept applications gets appealed before or even while your application is pending and you may risk losing the $495 fee.
• It’s important that the information in the renewal request be consistent with the information provided in the initial request. Therefore, we recommend that you make sure to have a copy of your initial application for DACA. You should also make a copy of your renewal application.
• You must have put aside $495 to pay the renewal application fees [but see footnote 6].
• If you have received citations, been arrested, or been criminally charged or convicted since initially receiving DACA, you must gather evidence of these contacts with law enforcement or the courts. We highly recommend speaking to an attorney or BIA (Board of Immigration Appeals)-accredited representative prior to applying because given the change in who is considered an “enforcement priority,” the risks associated with applying may be different if you have had interactions with law enforcement.
• If you have a deportation order, voluntary departure order, or an administratively closed immigration case we highly recommend speaking to an attorney or BIA (Board of Immigration Appeals)-accredited representative prior to applying. Given the change in who is now considered an “enforcement priority,” the risks associated with applying may have changed.
• If you are currently in exclusion, deportation, or removal proceedings, you must submit any new documents related to your case, unless you already submitted them to USCIS when you first applied for DACA or unless your case was administratively closed. We recommend speaking to an attorney or BIA-accredited representative prior to applying to assess how applying for DACA will affect your case.