Individuals who were granted deferred action under the DACA guidelines by ICE from June 15, 2012 until August 15, 2012 may request renewal of their deferred action 120 days prior to the expiration of their original 2-year period of deferred action, according to a USCIS notice published on February 19, 2014. The notice does not apply to the vast majority of DACA recipients who received DACA through
USCIS after August 15, 2012. Individuals who received DACA through ICE—most of whom received DACA between June 15, 2012 and August 15, 2012, the period before USCIS began accepting I-821D applications—will be required to apply for DACA as if for the first time, providing proof that they meet
all of the relevant guidelines. USCIS has not yet issued a DACA application form designed for renewal
requestors,1 therefore AILA members representing renewal requestors to whom the notice applies should use the current version of Form I-821D. The form must be completed, properly signed and accompanied by supporting documentation to establish eligibility as if it was an initial application, a
Form I-765, Application for Employment Authorization, filing fees totaling $465 ($380 fee for Form I-765 and $85 biometric services fee), and Form I-765WS. Individuals who do not receive a renewal before the expiration of their original DACA grant will accumulate unlawful presence and lose work authorization. Members who are submitting renewal applications for individuals in this situation would be well-advised to make it extremely clear to USCIS that their clients are renewing their DACA status and the date that
their client’s deferred action period will expire. Members are also advised to submit the application requesting renewal of DACA as early as possible within the 120-day filing window.
