On June 5, 2014, Department of Homeland Security (DHS) Secretary Jeh Johnson announced the new process for renewal of Deferred Action for Childhood Arrivals (DACA) benefits. United States Citizenship and Immigration Services (USCIS) has also released the revised Form I-821D for use by both first-time applicants for Deferred Action for Childhood Arrivals (DACA) and those requesting renewal of their expiring DACA benefits.
USCIS advises that individuals seeking another two year deferral of removal and issuance of a work permit under the DACA program should submit their applications before the expiration of the current period of deferred action to avoid accruing unlawful presence and experiencing an interruption of their work authorization.
At the same time, USCIS cautions that renewal applications received more than 150 days before the expiration of their deferred action and Employment Authorization Document (EAD) will be rejected and returned to the applicant. USCIS recommends that individuals submit their DACA renewal applications approximately 120 days before the expiration of their current period of DACA.
Anticipating lengthy processing times due to receipt of a large number of DACA renewal applications, USCIS has advised that individuals with timely filed renewal requests may receive a temporary extension of their DACA benefits pending USCIS’s adjudication of the requests.
Under DHS guidelines, individuals are eligible for renewal under the DACA program if they have maintained continuous residence in the United States since June 15, 2007, have not left the United States without advance parole since receiving their original grant of deferred action, and have not been convicted of any crimes which would disqualify them from discretionary consideration for deferral of removal as an act of prosecutorial discretion.
Timothy D. Widman is a San Jose Immigration Attorney and the owner of the Law Office of Timothy D. Widman.