1. What is DACA renewal and who is eligible to apply for it?

DACA renewal refers to the process by which current DACA recipients can request to extend their benefits granted under the Deferred Action for Childhood Arrivals (DACA) program. DACA allows certain undocumented immigrants who entered the United States as children to receive protection from deportation and work authorization for a renewable period of two years. To be eligible for DACA renewal, individuals must meet the following criteria:

1. Have continuously resided in the United States since submitting their most recent DACA application.
2. Have not departed the United States on or after August 15, 2012, without advance parole.
3. Have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
4. Have completed a background check and have met all other DACA requirements.

It is important for DACA recipients to keep track of their DACA expiration dates and submit their renewal application approximately 150-120 days before their current DACA status expires to ensure continuous protection.

2. How often do DACA recipients need to renew their status?

DACA recipients need to renew their status every two years. This renewal process involves submitting updated forms, undergoing a background check, and paying the required fees. It is crucial for DACA recipients to submit their renewal application on time to avoid any gaps in their protected status. Failure to renew on time could result in losing DACA benefits and potentially facing deportation. The renewal process is essential for DACA recipients to maintain their ability to work legally in the United States and to continue to live without the fear of being deported.

3. What is the process for renewing DACA status?

To renew DACA status in the United States, individuals must follow a specific process outlined by the U.S. Citizenship and Immigration Services (USCIS). Here is an overview of the process:

1. Eligibility Verification: Before applying for DACA renewal, individuals must first ensure they meet all the eligibility criteria, including continuous residence in the U.S. since their last DACA approval, no significant criminal history, and meeting other requirements.

2. Form I-821D: Applicants need to complete and submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals, along with the required supporting documents, such as proof of identity, previous DACA approval notice, and any relevant updated information.

3. Form I-765: Along with Form I-821D, individuals must also submit Form I-765, Application for Employment Authorization, to request an updated Employment Authorization Document (EAD).

4. Financial Consideration: Applicants need to pay the required renewal fee for both Form I-821D and Form I-765 unless they are eligible for a fee exemption.

5. Submission: Once all forms and documentation are completed and compiled, individuals must submit their DACA renewal application package to the appropriate USCIS address as per the instructions provided on the USCIS website.

6. Biometrics Appointment: After USCIS receives the renewal application, the applicant may need to attend a biometrics appointment to provide fingerprints, photographs, and signature for background checks.

7. Waiting Period: Following the submission of the renewal application, individuals must wait for USCIS to process their application, which can take several weeks to months.

8. Approval or Denial: USCIS will notify the applicant of their decision regarding the DACA renewal application. If approved, the individual will receive a new EAD card with updated validity dates.

It is crucial for DACA recipients to ensure they meet all requirements and submit their renewal application on time to avoid any disruptions in their DACA status and work authorization.

4. How much does it cost to renew DACA status?

The current cost to renew DACA status is $495. This fee covers the renewal application, as well as the work permit that comes with DACA approval. It is important to note that this fee may change over time, so it is recommended to check the official U.S. Citizenship and Immigration Services (USCIS) website for the most up-to-date information on DACA renewal costs. Additionally, there may be other associated costs, such as mailing or legal fees if you choose to use a lawyer to assist with the renewal process. Overall, the total cost of renewing DACA status can vary depending on individual circumstances, but the standard fee for the application itself is $495.

5. How long does the DACA renewal process typically take?

The DACA renewal process typically takes around 4-6 months from the time the application is submitted to when a decision is made by the United States Citizenship and Immigration Services (USCIS). However, processing times can vary depending on a variety of factors, such as the volume of applications being processed at the time, any additional documentation required, and any potential issues or delays that may arise during the review process. It’s important for applicants to submit their renewal applications well in advance of their current DACA expiration date to account for potential delays and ensure continuity of their DACA protection.

6. What documents are required for DACA renewal?

To renew DACA (Deferred Action for Childhood Arrivals) in the United States, several key documents are required:
1. Form I-821D, Consideration of Deferred Action for Childhood Arrivals, must be completed and submitted.
2. Form I-765, Application for Employment Authorization, is needed for work authorization renewal.
3. Form I-765WS, Worksheet, should be included to demonstrate economic necessity for employment.
4. A copy of the individual’s previous DACA approval notice.
5. Any new information or documents that might have a bearing on eligibility or application.
6. Payment of the renewal application fee.

Additionally, applicants need to meet specific criteria to be eligible for DACA renewal, such as continuous residence in the United States since their last DACA approval, no certain criminal convictions, and meeting education or military service requirements. It is crucial to ensure all required documents are submitted accurately and on time to avoid any delays or potential issues with the renewal process.

7. Can DACA recipients travel abroad while their DACA status is being renewed?

Yes, DACA recipients can travel abroad while their DACA status is being renewed, but it is highly discouraged. Traveling outside the United States while your DACA renewal application is pending can have potential risks. Here are some key points to consider:

1. Advance Parole: DACA recipients can apply for advance parole to travel abroad for educational, employment, or humanitarian purposes. However, it is crucial to obtain approval for advance parole before leaving the country.

2. Risks of Traveling Without Advance Parole: If a DACA recipient travels abroad without advance parole while their DACA renewal is pending, they risk abandonment of their application. This could result in the denial of their DACA renewal and potential complications when re-entering the United States.

3. Consult with an Immigration Attorney: Before making any travel plans, DACA recipients should consult with an immigration attorney to understand the implications of traveling while their DACA status is being renewed and to explore the option of advance parole.

In conclusion, while it is technically possible for DACA recipients to travel abroad while their DACA status is being renewed, it is highly advisable to exercise caution and seek legal guidance to avoid any negative consequences on their immigration status.

8. What happens if a DACA renewal application is denied?

If a DACA renewal application is denied, several outcomes may occur:

1. Loss of DACA status: The individual’s DACA protection will expire, and they will lose their work permit and protection from deportation.

2. Limited appeal options: While there is no formal appeal process for DACA denials, individuals can request a review of the decision or file a motion to reopen or reconsider with U.S. Citizenship and Immigration Services (USCIS). However, success rates for these requests are generally low.

3. Immediate risk of deportation: Without DACA protection, the individual becomes vulnerable to removal proceedings. It is crucial to seek legal guidance promptly to explore options for addressing the denial and potentially preventing deportation.

4. Limited work authorization: With a denied DACA renewal, the individual may lose their ability to work legally in the United States. This loss of employment authorization can have significant financial implications and disrupt the individual’s livelihood.

5. Impact on future immigration applications: A denied DACA renewal could potentially impact the individual’s ability to apply for other immigration benefits in the future. It is essential to understand the implications of a denial and seek legal counsel to navigate the complex immigration system effectively.

9. Can DACA recipients work while their DACA status is being renewed?

Yes, DACA recipients are allowed to work while their DACA status is being renewed. Here is some important information to note about DACA renewal and work authorization:

1. DACA recipients can continue to work legally with their existing Employment Authorization Document (EAD) while their DACA renewal application is being processed.

2. It is crucial for DACA recipients to submit their renewal application on time to avoid any gaps in work authorization. The U.S. Citizenship and Immigration Services (USCIS) typically advises submitting renewal applications between 150 and 120 days before the current DACA expires.

3. If a DACA recipient’s work permit has expired and their DACA renewal application is still pending, they may be eligible for an automatic 180-day extension of their work authorization while the renewal is being reviewed.

4. It is recommended that DACA recipients keep their employers informed about the status of their DACA renewal application to ensure continued employment eligibility.

Overall, DACA recipients can work legally even during the renewal process as long as they meet all the necessary requirements and follow the proper procedures.

10. Are there any changes to the DACA renewal process under the Biden administration?

Under the Biden administration, there have been significant changes to the DACA renewal process, aimed at making it more efficient and accessible for eligible individuals. Some of the key changes include:

1. Restoration of the DACA program: The Biden administration has restored and expanded the DACA program, allowing individuals who meet the eligibility criteria to apply for protection from deportation and work authorization.

2. Extending the renewal period: DACA recipients can now apply for renewal every two years, providing more certainty and stability for individuals who rely on the program.

3. Streamlined renewal process: The administration has worked to streamline the renewal process, making it easier for individuals to submit their applications and receive timely decisions on their status.

4. Removal of barriers: The Biden administration has removed certain barriers that were previously in place, such as the requirement to submit biometric data with each renewal application.

Overall, these changes have made the DACA renewal process more accessible and efficient for individuals seeking to maintain their protected status under the program.

11. Can DACA recipients with criminal records still renew their status?

1. DACA recipients with criminal records may still be eligible to renew their status, depending on the nature of their criminal history. The guidelines for DACA renewal specify that individuals with certain types of criminal convictions may be disqualified from the program. These disqualifying offenses typically include felonies, significant misdemeanors, and multiple misdemeanors. However, individuals with minor offenses or infractions may still be eligible to renew their DACA status.

2. It is essential for DACA recipients with criminal records to carefully review their individual circumstances and consult with an immigration attorney or accredited representative to determine their eligibility for renewal. Each case is unique, and a legal professional can provide guidance on how to proceed based on the specific details of the criminal record. In some cases, it may be possible to seek a waiver or other forms of relief to overcome potential barriers to renewal caused by a criminal conviction.

3. Additionally, DACA recipients with criminal records should be aware of any changes in immigration policies or guidelines that may impact their eligibility for renewal. It is crucial to stay informed about updates to the DACA program and seek legal advice to navigate any potential challenges related to criminal history. By proactively addressing any issues and seeking professional guidance, DACA recipients with criminal records can better understand their options for renewing their status and maintaining their protected immigration status in the United States.

12. How does the expiration of DACA status impact renewal eligibility?

The expiration of DACA status impacts renewal eligibility in a significant way. When a DACA recipient’s status expires, they lose their protection from deportation and also become ineligible for employment authorization. To renew DACA status, applicants are required to meet certain criteria, including continuous residency in the U.S., not being convicted of certain crimes, and not posing a threat to national security or public safety. If a DACA recipient allows their status to expire, they may still be eligible to renew it if they meet all renewal requirements. However, it is crucial to act promptly in renewing DACA status once it expires, as any delay could further complicate the renewal process or jeopardize one’s ability to remain in the U.S. legally.

13. What are the benefits of renewing DACA status?

Renewing DACA status in the United States comes with several key benefits:

1. Legal Authorization: DACA beneficiaries are granted temporary protection from deportation and are given work authorization, allowing them to legally work in the United States.

2. Social Security Number: DACA recipients are provided with a Social Security Number, which enables them to open bank accounts, apply for credit cards, and access other financial services.

3. Driver’s License: Depending on the state, DACA beneficiaries may be eligible to obtain a driver’s license, which is vital for daily activities such as commuting to work or school.

4. Employment Opportunities: With a valid work permit through DACA, individuals can pursue job opportunities, advance in their careers, and contribute to the U.S. economy.

5. Educational Opportunities: DACA recipients may qualify for in-state tuition at colleges and universities, making higher education more accessible and affordable.

6. Travel Authorization: DACA recipients can apply for advance permission to travel abroad for educational, employment, or humanitarian purposes through a process known as Advance Parole.

Overall, renewing DACA status provides individuals with stability, security, and opportunities to build a better future for themselves and their families in the United States.

14. Can DACA recipients apply for permanent residency or citizenship through DACA renewal?

No, DACA recipients cannot directly apply for permanent residency or citizenship through DACA renewal. DACA is a temporary program that provides protection from deportation and work authorization for eligible individuals who were brought to the United States as children. It does not provide a direct pathway to permanent residency or citizenship. However, DACA recipients may be able to pursue permanent residency through other avenues, such as sponsorship by a family member or employer, if they meet the eligibility criteria for those processes. It’s important for DACA recipients to explore all available options and consult with an immigration lawyer to understand their individual circumstances and potential paths to legal status in the United States.

15. How has the DACA renewal process been impacted by the COVID-19 pandemic?

The DACA renewal process has been significantly affected by the COVID-19 pandemic in several ways:

1. Delays in Processing: Many USCIS offices were temporarily closed or operated at limited capacity during the height of the pandemic. This led to significant delays in processing DACA renewal applications. As a result, many DACA recipients experienced longer waiting times for their renewals to be approved.

2. Difficulty in Gathering Documents: Due to restrictions on movement and closures of government offices, some DACA recipients faced challenges in obtaining necessary documents for their renewal applications. This included obtaining updated background checks, medical exams, or other required paperwork.

3. Financial Hardship: The economic impact of the pandemic also affected many DACA recipients, making it challenging for them to afford the renewal application fee. The $495 fee for DACA renewal can be a significant burden for individuals who may have lost their jobs or faced financial insecurity due to the pandemic.

4. Uncertainty and Anxiety: The overall uncertainty and anxiety caused by the pandemic may have also impacted DACA recipients’ willingness or ability to navigate the renewal process. Fear of exposure to the virus, concerns about the future, and other stressors related to the pandemic may have heightened the challenges of seeking DACA renewal.

Overall, the COVID-19 pandemic has added a layer of complexity and difficulty to the DACA renewal process, impacting both the practical aspects of application processing and the emotional well-being of DACA recipients.

16. What is the role of immigration attorneys or legal assistance in the DACA renewal process?

Immigration attorneys or legal assistance play a crucial role in the DACA renewal process for several reasons:

1. Expert Guidance: Immigration attorneys have in-depth knowledge of the DACA program requirements and procedures, helping applicants navigate the renewal process with confidence.

2. Document Preparation: Attorneys can assist in gathering and organizing the necessary documents and evidence needed for the renewal application, ensuring all paperwork is completed accurately and on time.

3. Legal Advice: Immigration lawyers can provide advice on eligibility criteria, potential complications, and any changes in immigration laws that may impact the DACA renewal process.

4. Representation: Attorneys can represent DACA recipients during any interactions with immigration authorities or requests for additional information, advocating for their rights and interests throughout the renewal process.

5. Any Potential Issues: In case of issues such as criminal records or previous denials, attorneys can assess the situation, provide guidance on how to address these issues, and advocate for a positive outcome.

Overall, immigration attorneys or legal assistance are instrumental in helping DACA recipients navigate the complex renewal process, ensuring their applications are strong, compliant, and submitted correctly to maximize the chances of a successful DACA renewal.

17. Can DACA recipients apply for advanced parole through DACA renewal?

Yes, DACA recipients can apply for advanced parole through DACA renewal. Advanced parole allows DACA recipients to temporarily leave the United States for educational, employment, or humanitarian reasons and then return legally. To apply for advanced parole, DACA recipients must submit Form I-131, Application for Travel Document, along with supporting documents and the required fee. It is important to note that approval for advanced parole is not guaranteed and traveling outside the U.S. without approved advance parole may result in the termination of DACA status.

1. DACA recipients should consult with an immigration attorney or accredited representative before applying for advanced parole to ensure they meet the eligibility requirements and understand the potential risks involved.
2. It is recommended to apply for advanced parole well in advance of the planned travel dates to allow for processing time and to avoid any delays.
3. DACA recipients should carefully review the travel restrictions and guidelines associated with advanced parole to ensure compliance with U.S. immigration laws and regulations.

18. How does the political climate in the United States affect the DACA renewal process?

The political climate in the United States plays a significant role in influencing the DACA renewal process in several ways:

1. Policy Changes: Changes in the administration and political leadership can lead to shifts in immigration policies and regulations that directly impact DACA renewals. For instance, a more restrictive policy environment may make it more challenging for DACA recipients to renew their status.

2. Public Perception: Political rhetoric and discourse surrounding immigration can create uncertainty and fear among DACA recipients, potentially deterring them from applying for renewal. Negative public sentiment towards immigration can also influence decision-making at the policy level.

3. Legal Challenges: Political debates and legal battles over the future of DACA can create roadblocks and delays in the renewal process. Changes in legislation or court rulings can affect the eligibility criteria or procedures for renewal.

4. Funding and Resources: The political climate can also impact funding for government agencies and organizations involved in processing DACA renewals. Budget cuts or reallocation of resources may lead to backlogs and delays in processing applications.

Overall, the political climate in the United States can exert both direct and indirect influences on the DACA renewal process, shaping the experiences and outcomes for DACA recipients seeking to maintain their legal status.

19. How can DACA recipients stay informed about updates and changes to the DACA renewal process?

DACA recipients can stay informed about updates and changes to the DACA renewal process through various means:

1. Following official sources: DACA recipients can regularly check the U.S. Citizenship and Immigration Services (USCIS) website for any updates or changes regarding the DACA renewal process. USCIS provides the most reliable and up-to-date information regarding DACA policies and procedures.

2. Signing up for alerts: DACA recipients can sign up for email alerts or newsletters from reputable immigration advocacy organizations such as United We Dream, National Immigration Law Center, or the American Immigration Lawyers Association. These organizations often provide timely updates and guidance on DACA-related issues.

3. Consulting with legal service providers: DACA recipients can stay informed by consulting with trusted immigration attorneys or accredited representatives who specialize in DACA cases. These professionals can provide personalized guidance and updates on the renewal process.

4. Attending workshops and information sessions: DACA recipients can attend workshops, webinars, or information sessions organized by community-based organizations, legal clinics, or immigrant rights groups. These events often cover updates on DACA policies, renewal procedures, and any changes in the immigration landscape that may affect DACA recipients.

5. Utilizing social media: Following credible immigration advocates and organizations on social media platforms like Twitter and Facebook can also help DACA recipients stay informed about updates and changes to the DACA renewal process. These platforms often share important news, resources, and announcements related to DACA.

By staying informed through these various channels, DACA recipients can ensure that they are up-to-date on any changes to the DACA renewal process, deadlines, requirements, and other important information that may affect their status.

20. Are there any resources available to help DACA recipients with the renewal process?

Yes, there are several resources available to help DACA recipients with the renewal process:

1. The United States Citizenship and Immigration Services (USCIS) website provides detailed instructions on how to renew DACA status, including forms to be filled out and supporting documents required.

2. Many legal aid organizations and non-profit groups offer free or low-cost assistance with DACA renewals. These organizations can help DACA recipients understand the renewal process, complete the necessary paperwork, and answer any questions they may have.

3. Additionally, some universities, community colleges, and high schools have resources available to assist DACA recipients with the renewal process. This may include workshops, legal clinics, or guidance from staff members familiar with immigration issues.

4. It is important for DACA recipients to be cautious of fraudulent service providers. Seeking assistance from reputable sources such as USCIS, legal aid organizations, or educational institutions can help ensure a smooth and legitimate DACA renewal process.