For millions of individuals living in the United States, the Deferred Action for Childhood Arrivals (DACA) program has been a lifeline, offering temporary protection from deportation and the opportunity to work legally. However, DACA status isn’t permanent, and recipients must renew their status regularly to maintain their benefits. Understanding the process and timeline for renewing DACA is crucial for recipients to ensure continuous protection and employment authorization.
What is DACA Renewal?
DACA renewal is the process by which current DACA recipients apply to extend their status for an additional two years. Renewal allows individuals to continue enjoying benefits such as protection from deportation and eligibility to work legally in the United States. It’s important to note that DACA is not a pathway to citizenship, but rather a temporary reprieve from deportation for eligible individuals who were brought to the U.S. as children.
Eligibility for DACA Renewal
To be eligible for DACA renewal, individuals must meet certain criteria:
1. Initial DACA Approval: Applicants must have previously been granted DACA status.
2. Continuous Residence: They must have continuously resided in the United States since submitting their initial DACA application, without any significant breaks.
3. Education or Military Service: They must be enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a General Education Development (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
4. No Felony Convictions: They must not have been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and must not pose a threat to national security or public safety.
Meeting these criteria is essential for DACA recipients seeking to renew their status and continue benefiting from the program’s protections.
The DACA Renewal Process
The process of renewing DACA involves several steps, including completing and submitting the necessary forms, providing supporting documentation, and paying the required fees. Here’s a breakdown of the renewal process:
1. Gather Required Documents: DACA renewal applicants must gather documents to prove their identity, eligibility, and continued residence in the United States. This may include a valid passport, birth certificate, school records, and evidence of any legal name changes.
2. Complete Form I-821D: Applicants must fill out Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and include any updates or changes since their last application.
3. Submit Form I-765: Along with Form I-821D, applicants must submit Form I-765, Application for Employment Authorization, to request continued work authorization.
4. Prepare Supporting Evidence: Supporting evidence, such as school transcripts, military records, or other documents demonstrating eligibility, must be included with the application.
5. Pay Fees: DACA renewal applicants must pay the required fees for both Form I-821D and Form I-765, unless they are eligible for a fee waiver.
6. Submit Application: Once all forms are completed and supporting documents are gathered, applicants must mail their application to the appropriate address as indicated on the USCIS website.
Timeline for DACA Renewal
The timeline for renewing DACA can vary depending on various factors, including USCIS processing times and the applicant’s individual circumstances. However, it’s essential for DACA recipients to start the renewal process well before their current status expires to avoid any gaps in protection or work authorization. Here’s a general timeline for the DACA renewal process:
1. Early Preparation: DACA recipients should begin preparing for renewal at least six months before their current status expires. This allows ample time to gather documents, complete forms, and address any potential issues.
2. Submission of Renewal Application: Renewal applications should ideally be submitted to USCIS between 150 and 120 days before the expiration of the current DACA status. This ensures that there is sufficient time for processing and avoids any lapses in protection or work authorization.
3. Processing Time: USCIS typically takes several months to process DACA renewal applications. While processing times can vary, it’s essential for applicants to monitor the status of their application online and follow up with USCIS if necessary.
4. Receipt of Approval Notice: Once the renewal application is approved, DACA recipients will receive a new Employment Authorization Document (EAD) and a Notice of Action (Form I-797) confirming their continued DACA status. It’s crucial to review these documents carefully for any errors and report any discrepancies to USCIS.
5. Expiration of DACA Status: DACA recipients should note the expiration date of their renewed status and begin preparing for renewal well in advance of this date to avoid any gaps in protection or work authorization.
Challenges and Considerations
Despite its benefits, renewing DACA can present challenges for recipients, including financial barriers, language barriers, and changes in personal circumstances. Additionally, changes in immigration policy or USCIS procedures can impact the renewal process, making it essential for recipients to stay informed and seek assistance if needed.
1. Financial Barriers: The cost of DACA renewal can be prohibitive for some recipients, especially those facing financial hardship. However, fee waivers are available for certain individuals who meet specific criteria, including demonstrating an inability to pay.
2. Language Barriers: DACA recipients who are not fluent in English may encounter challenges understanding the renewal process or completing the necessary forms. Seeking assistance from trusted community organizations or legal service providers can help overcome these barriers.
3. Changes in Personal Circumstances: Changes in personal circumstances, such as moving to a new address or experiencing a significant life event, can affect the renewal process. It’s essential for DACA recipients to update USCIS promptly with any changes to ensure timely processing of their renewal application.
Conclusion
Renewing DACA is a critical step for recipients to maintain their protection from deportation and continue working legally in the United States. By understanding the renewal process, gathering necessary documents, and staying informed about changes in immigration policy, DACA recipients can navigate the renewal process successfully and ensure uninterrupted benefits. Despite the challenges they may face, DACA recipients can find support and resources within their communities to help them overcome obstacles and renew their status with confidence.