For many individuals protected under the Deferred Action for Childhood Arrivals (DACA) program, renewal is a crucial step to maintain their legal status and work authorization in the United States. At Tourzani & Long, LLC, we understand the importance of staying informed and prepared. This post provides vital tips and updated guidance on renewing your DACA status effectively.
Understanding the DACA Renewal Process
The DACA renewal process involves submitting an application to extend your deferred action status and work authorization for another two years. It’s essential to renew on time to avoid any lapses that could affect your employment and legal status in the U.S.
To be eligible for DACA renewal, you must meet the following criteria:
- Previous DACA status. You must currently have DACA status.
- Continuous residence. You must have continuously resided in the U.S. since your last DACA approval.
- No serious crimes. You must not have been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and must not pose a threat to national security or public safety.
Essential Steps for Renewing DACA
Step 1: Gather Required Documents. Before starting your renewal application, gather all necessary documents to prove your continued eligibility. These may include:
- Identity documents. A copy of your current Employment Authorization Document (EAD).
- Proof of residence. Documents such as utility bills, rental agreements, or school records showing continuous residence in the U.S.
- New documents. Any new documents that were not submitted with your initial application that support your continued eligibility.
Step 2: Complete and Submit Forms. The primary forms required for DACA renewal are:
- Form I-821D. Consideration of Deferred Action for Childhood Arrivals.
- Form I-765. Application for Employment Authorization.
- Form I-765WS. Worksheet explaining your economic need for employment.
Ensure all forms are completed accurately and thoroughly. Any errors or omissions can delay the processing of your renewal.
Step 3: Pay the Filing Fee. The total filing fee for the DACA renewal application is $495. This fee covers the cost of processing your application and the biometrics appointment. Ensure you submit the correct fee to avoid delays.
Step 4: Attend the Biometrics Appointment. After submitting your application, you will receive a notice for a biometrics appointment. At this appointment, USCIS will collect your fingerprints, photograph, and signature for a background check. Attend this appointment as scheduled and bring the required identification documents.
Step 5: Await the Decision. Once your application and biometrics are complete, USCIS will review your case. The processing time can vary, but you can check the status of your application online. If approved, you will receive a new DACA approval notice and an Employment Authorization Document (EAD).
Tips for a Successful DACA Renewal
Renew Early. USCIS recommends submitting your renewal application 120 to 150 days (four to five months) before your current DACA status expires. This helps ensure there is no gap in your protection and work authorization.
Ensure Accuracy and Completeness. Accurate and complete information is crucial for a successful renewal. Double-check all forms and documents for errors before submission. Incomplete or inaccurate applications can result in delays or denials.
Provide Strong Supporting Evidence. Supporting evidence is key to proving your continued eligibility. Gather clear, well-organized documents that demonstrate your identity, continuous residence, and educational or work status.
Stay Informed About Legal Changes. The legal landscape for DACA is constantly changing. Stay informed about any changes in legislation or court rulings that may affect your renewal. Consulting with an immigration attorney can provide you with the latest updates and advice.
Common Challenges and How to Overcome Them
Delays in Processing. USCIS processing times can vary, and delays are common. To mitigate this, submit your renewal application well before your current period of deferred action expires, and ensure all documents are complete and accurate. Regularly check your application status online and promptly respond to any requests for additional information.
Requests for Evidence (RFEs). If USCIS needs additional information, they may issue a Request for Evidence (RFE). Responding promptly and thoroughly to RFEs can help keep your application on track. Consult with an attorney if you receive an RFE to ensure your response addresses all USCIS concerns.
Legal Uncertainty. The DACA program has faced numerous legal challenges, creating uncertainty for applicants. To navigate this, stay informed about the current legal climate and consult with an attorney to understand your options.
How Tourzani & Long, LLC Can Help
At Tourzani & Long, LLC, we offer a full range of services to assist you with your DACA renewal. Here’s how we can help:
Initial Consultation and Eligibility Assessment. We begin with a thorough consultation to understand your situation and determine your eligibility for DACA renewal. This helps us develop a tailored strategy for your application.
Detailed Application Preparation. Our attorneys assist you in preparing and filing the necessary forms, ensuring all information is accurate and complete. We help you gather and organize supporting documents to strengthen your case.
Continuous Support and Representation. We offer continuous support throughout the renewal process, including responding to RFEs and providing updates on any legal changes that may affect your application.
FAQs about DACA Renewal
Q: How Long Does the DACA Renewal Process Take?
A: The processing time for DACA renewal varies but typically takes several months. Factors such as USCIS processing times and individual circumstances can affect the timeline.
Q: Can I Travel While My DACA Renewal Is Pending?
A: Traveling outside the U.S. while your DACA renewal is pending can be risky. It is advisable to consult with an attorney before making travel plans, as travel may affect your eligibility.
Q: What Happens If My DACA Renewal Is Denied?
A: If your DACA renewal application is denied, you may have the right to appeal the decision or reapply. Understanding the reasons for denial is crucial for addressing any issues in your appeal or reapplication. Our attorneys can help you navigate this process.
Secure Your Future with Tourzani & Long, LLC
Renewing your DACA status is a significant step to securing your future in the United States. At Tourzani & Long, LLC, we are committed to helping you navigate the DACA renewal process with confidence and ease. Contact us today—visit our website or call (201) 987-0036 to schedule a consultation and take the first step toward renewing your status.