LAST week, Secretary of the Department of Homeland Security (DHS) Jeh Johnson announced that the USCIS is ready for the first round of applications for extensions of deferred action and work authorization under the Deferred Action for Childhood Arrivals (DACA) program. Effective immediately, USCIS will begin accepting renewal requests. USCIS will also continue to accept DACA applications from young adults who have not previously filed for DACA benefits.
DACA began on August 15, 2012, as an answer to Congressional lethargy on Immigration Reform and repeated failure to pass the DREAM ACT. This administrative policy reform came as a welcome surprise to those it has benefitted, who had all but given up hope to attend college in the US, get a degree and fulfill their dreams in the US. USCIS had estimated that there were approximately 1,000,000 people living in the US who could potentially qualify for DAS under DACA as of June 2012.
DACA is generally available to individuals who: (1) Came to the US under the age of 16; (2) have continuously resided in the US for at least 5 years preceding June 15, 2012 and remain present in the US; (3) are currently attending school, have already graduated high school or obtained a GED, or are honorably discharged veterans of the US armed forces or Coast Guard; (4) have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses or otherwise pose any threat to national security or public safety; and (5) are not yet aged 31.
Any application made for benefits under this program, which include DAS and work authorization, requires extensive, verifiable documentation that all criteria are met.
DACA extensions are available to applicants if they continue to meet the initial criteria and (1) Did not depart the United States on or after Aug. 15, 2012, without advance parole; (2) Have continuously resided in the United States since they submitted their most recent DACA request that was approved; and (3) Have not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
The renewal process begins by filing the new version of Form I-821D Consideration of Deferred Action for Childhood Arrivals, Form I-765 Application for Employment Authorization, and the I-765 Worksheet. The filing fee remains $465.00 and includes biometrics processing.
The first DACA approvals will begin to expire in September 2014. To avoid a lapse in the period of deferral and employment authorization, individuals must file renewal requests before the expiration of their current period of DACA. USCIS encourages requestors to submit their renewal request approximately 120 days (four months) before their current period of deferred action expires.
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Daniel P. Hanlon is a California State Bar Certified Specialist in Immigration and Nationality Law and a principal of Hanlon Law Group, PC, located at 225 S. Lake Ave., 11th Floor in Pasadena, California; Tel. No. (626) 585-8005. Hanlon Law Group, PC is a “full-service Immigration Law firm.” E-mail: [email protected] and www.hanlonlawgroup.com.
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