DACA is alive? USCIS Provides Guidance to All DACA Holders Regarding Renewal Applications
USCIS has posted guidance in regards to the new court decision on DACA. Individuals who have never had DACA are not allowed to submit a DACA request. Any application that is received by a non-DACA holder will not be processed by USCIS. Clients who currently have DACA can choose to renew their application by submitting a Form I-821D, Form I-765, and Form I-765 Worksheet. Along with submitting these forms, the sufficient fees and location drop off directions must be followed correctly.
Prior to the ending of DACA, applicants whose DACA expired on or after September 5th, 2016 were able to renew their status. Any applicant who has not already requested a renewal may do so under the current provisions. In their request they must disclose their previous DACA end date on the applicable form. Applicants whose DACA expired before September 5th, 2016 were instructed to request a renewal within a year. These applicants are unable to file a renewal request but may choose to file a new initial DACA request with Form I-821D and Form I-765. DACA applicants were instructed by USCIS to request their renewal 150 to 120 days in advance of their expiration. USCIS’s website currently states that if the applicant's request is submitted more than 150 days previous to their expiration then there is a chance that their application will be rejected. USCIS also states that the request may be accepted but an overlap could occur between the current DACA and the one being requested for renewal. An update on this issue will be clarified on the USCIS website soon. Applicants who have had their DACA terminated may not request a renewal, but can file a new DACA request with the Form I-821D and Form I-765 at this time. USCIS will not be accepting any advance parole requests. Given the history with DACA, clients who are eligible should begin their renewal requests promptly before any negative changes come about. If you have any questions regarding the current state of DACA please contact Attorney Nicholas Mireles at NicholasMireleslegal@gmail.com.