If you previously received a grant of Deferred Action for Child Arrivals (DACA), and your period of deferred action is now expiring, you may request a renewal. However, it is important that you do so in a timely manner to avoid a lapse in your DACA and employment authorization. If your current period of deferred action expires before you receive a renewal of DACA, you will accrue unlawful presence and will not be authorized to work. Dorminey & Cox, LLC / The Visa Law Center is ready to advise and represent you in the renewal application process. Ideally, you should submit your renewal request more than 120 days (4 months), but less than 150 days, before your current DACA expires. If you file earlier than 150 days (5 months) before expiration, U.S. Citizenship and Immigration Services (USCIS) may reject your application and return it to you with instructions to resubmit it closer to the expiration date. On the other hand, if USCIS is unexpectedly delayed in processing your renewal request, it may provide deferred action and employment authorization for a short period of time until it finishes processing your request. It may do this if you filed your request at least 120 days before your current period of deferred action and employment authorization expire. Consequently, we advise that you contact our office for representation at least 150 days before your current DACA expires, if possible. However, we are ready to work with you for a successful renewal even if your period of deferred action is growing short or has even expired.
You should be eligible for DACA renewal, if you met the initial 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.
For the preparation of your DACA renewal application, it is important that you provide us with any new documents relating to removal (deportation) proceedings or criminal history that were not previously provided in a prior deferred action submission.