Atlanta Immigration Attorneys
Deferred Action For Childhood Arrivals (DACA) ——-
What Is DACA?
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.
The DACA program was ended by the Trump administration, however, due to a federal court orders, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.
Who Can Renew?
You may request a renewal if you met the initial 2012 DACA guidelines and you:
Did not depart the United States on or after Aug. 15, 2012, without advance parole;
Have continuously resided in the United States since you submitted your most recent DACA request that was approved; 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.
How To Renew?
Complete and sign Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
Complete Form I-765, Application for Employment Authorization
Complete Form I-765W, Worksheet; and
Make sure to submit the correct fees.
Do not submit any additional documents at the time you request renewal unless:
You have new documents involving removal proceedings or criminal history that you did not already submit to USCIS in a previously approved DACA request. USCIS may request additional documents or statements to verify information provided in support of requests for renewal of DACA. USCIS may contact other government agencies, education institutions, employers, or other entities in order to verify information. If you have been arrested since your last DACA renewal or have been placed in removal proceedings, consult with an immigration attorney prior to applying for your DACA renewal.
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