USCIS Announces Process for DACA Renewal

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On June 5, 2014, the U.S. Citizenship and Immigration Services (USCIS) announced the process for individuals to renew enrollment in the Deferred Action for Childhood Arrivals (DACA) program. USCIS has submitted an updated form to the Federal Register allowing individuals previously enrolled in DACA to renew their deferral and Employment Authorization Document (EAD) for a period of two years. Effective immediately, USCIS will begin accepting renewal requests. USCIS will also continue to accept requests for DACA from individuals who have not previously sought to access the program. 

DACA is a discretionary determination to defer removal action against an individual. Individuals in DACA status will be able to remain in the United States and apply for employment authorization for a period of two years. Individuals who have not requested DACA previously, but meet the criteria established, may also request deferral for the first time. It is important to note that individuals who have not continuously resided in the United States since June 15, 2007, are ineligible for DACA.

Individuals may request DACA renewal if they continue to meet the initial criteria and if they:

  • Did not depart the United States on or after Aug. 15, 2012, without advance parole;
  • Have continuously resided in the United States since they submitted their 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.

 


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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