Deferred Action for Childhood Arrivals (DACA) began June 15, 2012. From June 15, 2012 until August 15, 2012, U.S. Immigration and Customs Enforcement (ICE) granted DACA relief until USCIS started receiving requests. Those early cases will soon expire and individuals must renew their DACA status, work authorization, and receive an approval prior to expiration of the initial period of deferred action to avoid a lapse in employment authorization or accrual of unlawful presence. Because only a small fraction of the DACA population was granted relief during this period, special rules governing this class have been issued by USCIS.
For the vast majority of DACA recipients, however, the initial two-year grants of DACA will begin to expire in September. Consequently, USCIS is now preparing for that renewal process so that eligible individuals can request and receive an extension of their deferred action without experiencing any lapse in their lawful presence or work authorization.
In late May 2014, USCIS will release a new dual-use Form I-821D, Consideration of Deferred Action for Childhood Arrivals, for both initial and renewal requests. Those seeking to renew must wait until the new form and guidelines are published. However, in the meantime, USCIS has provided advance information on what to expect. First and foremost, USCIS is providing advance notice that DACA renewal requests should be filed no sooner than 150 days and no later than 120 days before the current period of DACA expires to ensure that the case is processed in time. USCIS anticipates making a determination before the expiration date. If the renewal is not approved in time, the individual will accrue unlawful presence. If, however, the renewal is timely filed – in other words, at least 120 days in advance – and USCIS delays making a decision, a temporary extension of status may be granted prior to adjudication of the case to avoid accruing unlawful presence. Second, USCIS advises that only new documentation pertaining to removal proceedings or criminal history not previously submitted should be filed with the renewal request.
Initial applicants can still use the current form until the new version is available.