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DACA Status Expiring Soon? Prepare for Renewals

USCIS has released some preliminary guidance about the first batch of DACA recipients approaching the end of their first two years who received DACA from ICE (Immigration Customs and Enforcement) between June 15, 2012 and August 15, 2012 because they had cases in removal proceedings or were detained initially. These individuals must file for an initial DACA application within 120 days of their status expiring. They must apply as if for the first time, providing proof that they meet all of the relevant guidelines. These individuals must file form I-821D, the work permit application (I-765WS), and provide the filing fee of $465.00 and photos. Failure to file early within the 120-day period and on time, could result later in the accumulation of unlawful presence, which is important for future immigration if there are new opportunities or immigration reform. Note that USCIS has not yet revised the I-821D form for renewals but is currently seeking comments for a new form. Therefore, use the old form until the new one is available. More information for this group of ICE-granted DACA recipients can be found here.

Most DACA recipients, however, were approved by USCIS, not ICE. For this group, USCIS has not yet posted renewal guidelines, but expect them to do so soon. Stay tuned and visit this blog or the USCIS website frequently.