MORENO LAW OFFICE, LLC

Two years ago, USCIS started deferring action for certain childhood arrivals and issuing employment authorization for a period of two years. Starting in September 2014, the initial two year grants of deferred action for early recipients of DACA from USCIS are due to expire. USCIS is currently preparing for the DACA renewal process so that eligible individuals can request and receive an extension of their deferred action. In late May 2014, USCIS intends to publish a new form to allow for both initial and renewal requests. Applicants must wait until USCIS publishes the new form before filing their renewal request. The new version of Form I-821D will be for 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. USCIS will not accept renewal filings until the new version of the form is published. However, if applicants received DACA from Immigration Customs Enforcement (ICE) instead of USCIS they may seek renewal now.

 

DACA renewals may be submitted approximately 120 days (or 4 months) before the current period of DACA expires. This is also the date that the applicant’s Employment Authorization Document (EAD) expires. The expiration date is printed on the front of the EAD. If the applicant submits their renewal request package approximately 120 days before the expiration date of their current period of DACA, USCIS anticipates making a decision on their deferred action request and employment authorization application before the DACA and employment authorization expires. If the applicant filed at least 120 days before their deferred action and EAD expire and USCIS delays the processing, USCIS may provide deferred action and employment authorization for a short period of time until the applicant’s renewal is adjudicated.

 

An individual whose case was initially deferred under DACA may be considered for Renewal of DACA from USCIS if he or she:

 

a) Was under the age of 31 as of June 15, 2012;

 

b) Came to the United States before reaching his or her 16th birthday and established residence at that time;

 

c) Has continuously resided in the United States since June 15, 2007, up to the present time;

 

d) Did not depart the United States on or after August 15, 2012 without advance parole;

 

e) Was present in the United States on June 15, 2012, and at the time of making his or her request;

 

f) Entered without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012;

 

g) Has graduated or obtained a certificate of completion from a high school, has obtained a general educational development certificate, is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; or was in school at the time he or she requested DACA from USCIS and: 1) has successfully completed an education, literacy, or career training program (including vocational training) and obtained employment, 2) is currently enrolled in high school, postsecondary school or a new/different education, literacy or career training program, or 3) has made substantial, measurable progress toward completing an education, literacy, or career training program and,

 

h) Has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

 

USCIS will review the applicant’s request to determine whether the exercise of prosecutorial discretion is appropriate. Each case will be considered on an individual, case-by-case basis. Even if you satisfy the threshold criteria for consideration of Deferred Action for Childhood Arrivals, USCIS may determine, in its unreviewable discretion that deferred action is not warranted in your case. You will be notified of the decision in writing. There is no motion to reopen/reconsider the decision and there is no right to appeal; however, USCIS may issue a Request for Evidence to obtain further evidence to demonstrate that the applicant meets the guidelines.

 

For more information please contact Attorney Madeleine Moreno at 508798-5291; Toll Free 1855-966-7366.