Deferred Action for Childhood Arrivals (DACA) has been a critical protection for many immigrants who came to the U.S. as children, offering them relief from deportation and a chance to work legally in the country. For those who have already received DACA status, it is essential to keep track of the renewal process to maintain your status and benefits. The renewal process can be straightforward if you follow the correct procedures, but missing a deadline or making an error on your application could jeopardize your status.
In this blog, we’ll break down the DACA renewal process, including important deadlines, eligibility requirements, and common mistakes to avoid. If you’re uncertain about your specific situation, contacting a qualified Houston DACA Attorney can help you navigate the complexities of the process.
What is DACA?
DACA was established in 2012 by the Obama administration to provide temporary protection for undocumented immigrants who arrived in the U.S. as minors. DACA recipients receive two key benefits:
- Temporary protection from deportation.
- The ability to work legally in the U.S. through employment authorization.
To maintain DACA status, individuals must renew their DACA every two years, as the program does not provide permanent residency or a path to citizenship.
DACA Renewal Process: Step-by-Step
If you are already a DACA recipient, you will need to renew your status before it expires. Here’s an overview of the renewal process:
1. Check Your Expiration Date
The first step is to check when your current DACA status expires. You should aim to start the renewal process at least 180 days (about six months) before your DACA expires. It is crucial to give yourself enough time to gather documents and resolve any issues that may arise during the process.
If you start the renewal process too late, there is a risk that your DACA status could lapse, leaving you vulnerable to deportation and unable to work legally. That’s why staying ahead of deadlines is key to maintaining your protection.
2. Complete the DACA Renewal Application
To renew your DACA status, you must submit Form I-821D (Consideration of Deferred Action for Childhood Arrivals), along with Form I-765 (Application for Employment Authorization), and Form I-765WS (Worksheet for Application for Employment Authorization). You will need to:
- Provide proof that you meet all eligibility criteria.
- Submit the appropriate application fee, or request a fee exemption if applicable.
- Fill out all forms completely and accurately to avoid delays.
The U.S. Citizenship and Immigration Services (USCIS) website offers detailed instructions on how to complete the forms, but seeking help from a Houston DACA Attorney can help ensure everything is filled out correctly.
3. Provide Supporting Documentation
You will need to submit certain supporting documents to prove that you continue to meet the eligibility requirements. This may include:
- Proof of identity (e.g., passport, birth certificate, or government-issued ID).
- Proof of continuous residence in the U.S. since receiving DACA.
- Evidence of your employment, school enrollment, or other activities that demonstrate you meet DACA’s requirements.
Make sure that your documents are up to date and accurately reflect your situation. Submitting incomplete or incorrect documents can delay the process.
4. Submit the Application
Once you have completed all forms and gathered your supporting documents, you can submit your application to USCIS. Be sure to send your renewal application to the correct USCIS address, which can be found on the USCIS website.
While you can file online, it’s crucial to keep a record of everything you submit, including confirmation receipts and tracking information for mailed documents. If you need assistance with this process, a Family-Based Immigration Lawyer can guide you through the submission process.
5. Wait for a Decision
After submitting your renewal application, you will need to wait for a decision from USCIS. Processing times can vary, but it typically takes several months for USCIS to process your renewal application. During this time, you may be asked to attend an interview or provide additional documentation.
DACA Renewal Deadlines
As mentioned earlier, it’s important to apply for renewal well in advance of your expiration date—ideally at least 180 days before your current DACA expires. USCIS recommends applying as early as possible to avoid any gaps in your DACA status.
While DACA renewal does not require you to apply immediately after your status expires, it’s still important to submit your renewal request in a timely manner. If your application is delayed or rejected, you may lose your ability to work or remain in the U.S. lawfully.
Common Mistakes to Avoid During the DACA Renewal Process
While the DACA renewal process is generally straightforward, many applicants make common mistakes that can delay or even jeopardize their renewal. Here are some of the most frequent errors to avoid:
1. Submitting an Incomplete Application
One of the most common mistakes is submitting an incomplete or inaccurate application. Make sure you have filled out all forms correctly and provided all required documentation. Double-check everything before submitting, and if in doubt, consult with an Immigration Attorney in Houston for advice.
2. Missing the Deadline
Failing to apply for renewal in a timely manner is another common mistake. Applying too late can result in the expiration of your DACA status and loss of protection. As soon as you are eligible to renew, begin the process to ensure you don’t miss your deadline.
3. Failing to Submit the Right Fee or Fee Exemption Request
The renewal process involves a fee, and failure to submit the correct amount can result in a rejection of your application. However, if you are unable to pay the fee, you may be eligible for a fee exemption. Make sure to review the guidelines on the USCIS website or speak to a lawyer if you have concerns.
4. Not Keeping Track of Documentation
You must submit various forms of documentation to prove that you meet the eligibility requirements for DACA renewal. Make sure you keep track of all supporting documents, including records of employment, school enrollment, and residence in the U.S. Submitting outdated or incomplete documentation can result in delays.
5. Ignoring USCIS Requests for Additional Information
In some cases, USCIS may request additional information or clarification about your application. It’s critical that you respond promptly to these requests to avoid delays. If you ignore or fail to respond to these requests, your application may be denied.
Get Legal Help for DACA Renewal
If you’re unsure about the renewal process or need assistance with your application, reaching out to a qualified Houston DACA Attorney can help ensure your application is filed correctly and on time. With the right legal guidance, you can avoid common pitfalls and increase the chances of a successful renewal.
Conclusion
The DACA renewal process is crucial for maintaining your status and legal protection in the U.S. By starting early, paying close attention to deadlines, and avoiding common mistakes, you can navigate the process with confidence. If you encounter any challenges or have questions, consider reaching out to a Immigration Attorney in Houston for professional support. They can provide guidance on how to successfully renew your DACA status and ensure you continue to enjoy the benefits it provides.