On Thursday, USCIS finally released the new revised form I-821D for both Initial DACA applications and Renewal DACA applications. As of June 5, 2014, all DACA applications, both initial and renewal must be submitted on the new I-821D form.

Here is an overview of the requirements for filing a DACA renewal application:

When to file? 

  • You should submit your DACA renewal application no sooner than 150 days prior to the expiration of your status.
  • In order to avoid accruing unlawful presence you should submit your DACA renewal application no later than 120 days prior to the expiration of your status.
  • You may submit your DACA renewal application up to one year after the expiration of your status. However, as soon as your DACA status expires, you begin accruing unlawful presence, and your employment authorization is no longer valid.

What to file?

  • You must submit your DACA renewal application with 2 passport photographs and a copy of your current employment authorization card showing that you have DACA status.
  • If you have traveled without advance parole since August 15, 2012, you must include evidence of your travel
  • If you have incurred any new criminal arrests, charges, or convictions, for which USCIS does not have any records of, you must include those in your renewal application.

As you may notice, there is no requirement to submit evidence that you are still enrolled in school or that you have graduated from any program you were previously enrolled in. However, we encourage all DACA recipients to complete their courses of study or to continue to pursue an education as these requirements could change in the future.

To find out more about the renewal process or even about the initial filing process, please visit USCIS Frequently Asked Questions page (http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/frequently-asked-questions).

Nancy M. Vizer

Author Nancy M. Vizer

Ms. Vizer has experience in most aspects of immigration law and has participated on panels at several continuing legal education seminars concerning immigration topics. She has also made presentations to both faculty and human resources staff at a number of universities in connection with immigration employment issues.

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