DACA RENEWAL UPDATES

DACA RENEWAL UPDATES

All individuals who have DACA now or had DACA in the past CAN STILL RENEW! However, USCIS has made some significant changes to renewal procedures that affect current DACA-holders. 

DACA Grants Are Limited to One Year

All requests for DACA and associated employment authorization granted after July 28, 2020 will be for a validity period of one year. However, previous two-year grants of DACA will remain valid. This impacts current DACA holders who are seeking to renew their DACA/associated employment authorization (“EAD”). USCIS will only grant renewal applications for validity periods of one year. This is a shift from the previous rule, which allowed for two-year renewal periods.

Renewal DACA Applications Will Be Accepted

USCIS will continue to adjudicate DACA renewal applications, including applications filed by people whose DACA expired less than a year prior to filing for renewal.

USCIS Will Treat Applications Filed by People Whose DACA Expired Over One Year Ago as Initial Applications

USCIS will accept initial applications by people whose DACA expired more than a year prior. Thus, if you had DACA but your DACA/EAD expired more than a year prior to filing, your application will be treated as an “initial application.” You will be required to submit all of the evidence required for an initial DACA application to show you are entitled to a grant.

DACA Renewal Applications Should Not Be Submitted Too Early

USCIS guidance stated that the agency would begin rejecting DACA renewal requests received more than 150 days prior to the expiration of the recipient’s current DACA validity period. This is a significant change in policy as USCIS previously encouraged people to apply for renewal between 120 and 150 days prior to their DACA expiration but would generally accept and hold applications filed more than 150 days in advance. For example, if your expiration date of your DACA/EAD is February 25, 2021, you should not submit your renewal application before September 28, 2020. If you submit it earlier than September 28, 2020, your renewal application will be rejected.

If you currently have DACA or have had DACA in the past, we encourage you to contact our team of immigration experts at the Scott Law Firm to ensure that you maintain your current DACA/associated employment authorization and remain in compliance with the new USCIS DACA policies.