If you currently hold or previously received Deferred Action for Childhood Arrivals (DACA), a renewal request may allow you to continue receiving deferred action and employment authorization. DACA does not provide lawful status or a direct path to permanent residence. DACA renewals remain subject to USCIS policies and court decisions.
Do I Qualify?
Current or Former DACA Recipient
You must currently hold DACA or have previously been granted DACA.
Prior DACA Approval
You must have previously received DACA approval from USCIS.
Timely Renewal Request
Renewal requests should be submitted before DACA and employment authorization expire.
Continuous Residence In The U.S.
You must generally continue residing in the U.S.
No Disqualifying Criminal History
You must not have disqualifying criminal convictions that would affect DACA eligibility.
No Public Safety Or National Security Concerns
You must not pose a threat to public safety or national security.
Documents to Gather
Current Or Expired Employment Authorization Document (EAD)
Current or expired employment authorization document (EAD) and prior DACA approval notices.
Government-Issued Identification
Passport, national identity document, driver's license, or other government-issued identification.
Immigration Records
Prior immigration filings, notices, and supporting immigration documentation.
Employment Authorization Documentation
Copies of prior employment authorization approvals and related USCIS notices.
Additional Documents May Be Required
Legal name change documents, certified English translations, updated identity documents, and other supporting documentation depending on the circumstances of the case.
Filing Fees
Attorney Fees
Government Fees and Miscellaneous Costs
Timeline
Schedule A Consultation With An Attorney
The DACA renewal process involves reviewing eligibility, supporting documentation, and filing requirements. The process generally begins with an initial consultation.
File Forms I-821D, I-765, And I-765WS With USCIS
Forms I-821D, I-765, and I-765WS are filed with USCIS. USCIS processing times vary and are subject to change. For the most current information from USCIS, check their Case Processing Times.
Biometrics Appointment (If Required)
A biometrics appointment may be scheduled to collect fingerprints, a photograph, and a signature.
Case Processing
The renewal request is reviewed by USCIS and additional evidence or information may be requested.
Decision and Employment Authorization Document Issued
USCIS issues a decision regarding the DACA renewal request and employment authorization application. If approved, a new Employment Authorization Document (EAD) is issued by USCIS.
Complex Case Factors
Immigration Violations
Certain immigration violations or unresolved immigration matters may affect eligibility.
Criminal History
Certain criminal convictions or arrests may affect eligibility or result in additional review.
Prior DACA Lapses
Extended periods without DACA coverage may require additional review.
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The Law Office of Ashley Weston is a Professional Law Corporation incorporated in Sacramento and licensed to practice law in the State of California. Our practice is limited to California Limited-Scope services and Federal Immigration Law nationwide. We do not practice the state laws of jurisdictions outside of California.
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