By qualifying for the Deferred Action for Childhood Arrivals (DACA) program and obtaining approval on your application, you receive a work permit and the right to remain in the US legally. However, DACA rules only grant these conditions temporarily. Your status will expire within two or three years after the US Citizenship and Immigration Services (USCIS) accepted your application, depending on the year you received your DACA status. Fortunately, you may be able to renew your qualification, but the process can be as challenging as the original application. A Chicago immigration lawyer can tell you more about these general requirements.
Eligibility Rules Still Apply: For renewal of your DACA status, you must meet the same general qualifications that won an approval on your original application, including being under age 16 when you first arrived in the US to live. Plus:
Other eligibility rules may apply, depending on your circumstances. For any changes to your circumstances since you last applied, consult with an immigration attorney. If you no longer meet the educational requirements or have a criminal conviction, you may not be eligible for renewal of DACA status.
Timing for Your Renewal Application: The key date in determining when to file your renewal application is the expiration of your work permit. If you submit your paperwork more than 150 before that date, the USCIS will deny DACA status. At the same time, if you wait too long your work permit could expire before your application is approved. You could lose your job and your immigration record would reveal the unlawful status. The best window of time to send your renewal application is approximately 120 days before your work permit expires.
Necessary Renewal Forms: The forms for renewal are the same as for your original application, so you’ll need to submit Form I-821-D, Consideration of Deferred Action for Childhood Arrivals; however, make sure to mark the box next to “Renewal Request” when completing the paperwork. Also, include the Form I-765, Application for Employment Authorization, and accompanying worksheet on Form I-765WS. You won’t need as much documentary support to demonstrate your eligibility for a renewal as compared to the original application, but you should include any information about your criminal record or deportation proceedings.
In many ways, renewing your DACA status is similar to submitting an original application under the program. You must be meticulous in preparing the paperwork and supporting documentation, and any errors can result in a denial of your application. An attorney with experience in immigration law, specifically DACA renewals, can help you handle this challenging process. For assistance with DACA applications, renewals, and other immigration matters, please contact the Chicago offices of Kriezelman Burton & Associates, LLC.
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The KB&A Team