If you’ve received work permits and have temporary rights to remain on U.S. soil under the DACA program, you’re required to renew it every two years. Continue reading below to find out more about the steps you need to follow to renew your DACA status.
DACA or The Deferred Action for Childhood Arrivals is a United States immigration policy that was initiated by former President Obama. It grants temporary immigrant status to individuals with unlawful presence in the United States after being brought to the country as children. Undocumented immigrants who qualify will receive a period of deferred action from deportation which can be renewed every two years. It doesn’t guarantee naturalization as a U.S. citizen or lawful permanent residence (being a green card holder), but you can apply for a work permit or an Employment Authorization Document and sometimes, even an international travel permit or an Advance Parole.
Who Qualifies for a DACA Renewal?
Under U.S. law, the basic qualifications for DACA eligibility still need to be met to renew your status. To qualify, the following criteria must still be met:
- Be under 31 years of age on June 15, 2012
- Must have come to the United States before their 16th birthday
- Have lived in the U.S. starting June 15, 2007
- Was physically present in the United States on June 15, 2012, and the date of application when it was submitted to the U.S. Citizenship and Immigration Services (USCIS) office to be considered for deferred action
- Illegally entered without inspection (unlawful immigration) before June 15, 2012, or their lawful immigration status has expired as of that date
- Is currently studying or have graduated from high school, is a veteran — that is honorably discharged — of the US Armed Forces or Coast Guard, or has acquired a General Education Development (GED) certificate,
- Must not pose a threat to public safety and national security, and haven’t been convicted of felony or DUI, a serious misdemeanor, or more than three kinds of misdemeanor
Additional criteria for a DACA renewal include:
- Obtained permission from USCIS (Advance Parole) before traveling outside of U.S.
- Have continuously resided in the U.S. since submitting their DACA application
- No previous convictions of felony or misdemeanor
Immigration law can be daunting. As such, you need someone who knows the ins and outs of the immigration process. If you have immigration issues or legal concerns regarding your legal status and DACA renewal an immigration lawyer can help. Connect with a New Jersey immigration attorney today to seek legal advice.
Applying for a DACA Renewal
If you’re a DACA recipient who’s eligible to renew your status, the following USCIS forms must be submitted:
- Form I-821-D, Consideration of Deferred Action for Childhood Arrivals (also used for initial applications)
- Form I-765, Application for Employment Authorization
- Form I-765WS
Other supporting documents which you need to submit if there are any changes in your situation that might affect your application include:
- Any document indicating that you’ve received any decision or currently going through a removal proceeding (deportation) in an immigration court
- Any document indicating that you’ve been charged with a felony or convicted of a misdemeanor
How Our Eatontown New Jersey Attorneys Can Help
If you are faced with a situation that might affect your status or renewal, Andres Mejer Law can help.
Don’t wait until it is too late! Schedule a free consultation with an experienced immigration attorney today.