H1B Visa Lawyer Blog
U.S. Citizenship and Immigration Services (USCIS) is trying to get the word out, reminding people who are already recipients of Deferred Action for Childhood Arrivals (DACA) that their current period of DACA and employment authorization could expire if they wait too long to request renewal. USCIS is encouraging them to submit their DACA renewal requests 120 days before their current DACA and employment authorization is set to expire.
In March 2015, USCIS began mailing reminder notices to current DACA recipients reminding them that their initial two-year grant of DACA is expiring, and that they may request a renewal.
*If a current grant of deferred action expires before the applicant receives a renewal of DACA, they will begin to accrue unlawful presence and will not be authorized to work until the EAD renewal is approved.
DACA recipients may request renewal of DACA if they met the initial DACA guidelines and:
-Did not depart the United States on or after August 15, 2012, without advance parole;
-Have continuously resided in the United States since they submitted their most recent, approved DACA request, up to the present time; and -Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
Note: USCIS continues to accept initial and renewal requests for two-year grants of DACA under the guidelines established in 2012. A federal district court order issued on February 16, 2015, enjoining USCIS from implementing the expanded DACA guidelines did not impact USCIS’ ability to continue processing DACA requests under the 2012 guidelines.
Source of Information:
-AILA Doc No. 15040860, posted 4/7/15: USCIS Message: Timing of DACA Renewal Applications
-USCIS.gov, 7/21/14, Web Page: Renew Your DACA
-USCIS.gov, 3/10/15, FAQs: DACA – FAQs updated 10/23/14
-USCIS.gov, 10/17/14, Video: Consideration of Deferred Action for Childhood Arrivals – How to Apply or Renew DACA
Related Links:
-USCIS.gov, 3/10/15, Web Page: Consideration of Deferred Action for Childhood Arrivals (DACA)