Deferred Action (DACA) Renewal

Aggressive Representation on Immigration Issues

The inability to work and the constant threat of deportation are things many immigrants deal with on a daily basis. Fortunately, help is available. At the Law Offices of Joshua L. Goldstein, P.C., we regularly help people address these issues by requesting Deferred Action for Childhood Arrivals, or DACA. This program allows you to obtain a work permit and remain in the United States without risk of deportation for a period of two years.

So, what happens when this 2-year period ends? What do you need to do before your DACA approval expires? If you or someone you care about currently has DACA and the expiration date of their approval period is approaching, make an appointment with one of our Los Angeles immigration attorneys today. We can assist you in getting your deferred action period renewed, provided you meet the qualifications.

Guidelines for to Requesting DACA Renewal

According to United States Citizenship and Immigration Services (USCIS)’ DACA renewal guidelines, you may request a DACA renewal provided:

  • You did not depart the U.S. without advance parole on or after Aug. 15, 2012;
  • You have continuously resided in the U.S. since your original request for DACA;
  • You have not been convicted of a felony or certain misdemeanor crimes; and
  • You do not pose a threat to national security or public safety.

In addition, you will be required meet initial DACA guidelines, which include the following:

  • You were under the age of 31 as of June 15, 2012;
  • You arrived in the U.S. prior to your 16th birthday;
  • You have continuously resided in the U.S. from June 15, 2007, up to the present;
  • You were physically present in the U.S. on June 15, 2012 and at the time of making your initial DACA request; and
  • You are currently in school, or graduated from high school, or obtained your GED, or are an honorably discharged veteran of the Coast Guard or Armed Forces.

Our Los Angeles immigration attorneys are here to help if you have questions or concerns about whether you meet these guidelines, as well as whether you are eligible to request a DACA renewal.    

When You Should File Your DACA Renewal Application

At the Law Offices of Joshua L. Goldstein, P.C., we recommend following the guidelines USCIS has provided, which are to request a DACA renewal between 150 to 120 days (four to five months) before your initial grant of DACA expires. To find out when your DACA expires, look on your original DACA approval notice, as well as on your Employment Authorization Document (EAD).

Since March of 2015, USCIS has been sending written notices to DACA recipients a full 180 days prior to the expiration of their deferred action to alert them that it will be expiring. These notices are being sent 180 days in advance of the expiration date in part because of the potential for administrative delays and holdups that unfortunately tend to be common when dealing with USCIS. While USCIS guidelines state the agency’s goal is to process DACA renewal requests within 120 days, there are no guarantees. Filing early can help avoid any gap between the time your current DACA grant expires and the time your renewal is issued.

It is important to do everything you can to avoid a gap in your DACA coverage. If you do not file a DACA renewal application or do not receive your renewal before your current grant of deferred action expires, you will no longer be authorized to work, you could lose your driver’s license, you will no longer be protected from deportation, and you will accrue what is known as “unlawful presence” for each day that you remain in the U.S. If you have too many days of unlawful presence in the United States, this could result in future immigration penalties. To avoid all of these potential issues, contact one of our experienced Los Angeles immigration attorneys for an initial consultation today.

Documents Required to Request a DACA Renewal

USCIS advises that individuals requesting a DACA renewal should complete and sign the following documents:

  • Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
  • Form I-765, Application for Employment Authorization; and
  • Form I-765W Worksheet.

All three forms must be submitted to USCIS, along with a total of $465 in filing fees. Supporting documentation should also be submitted along with these applications, and if new criminal matters, immigration proceedings, international travel, or name changes have taken place since USCIS first approved your deferred actions, then USCIS requests that applicants provide updated information about these matters, too.

Be advised the USCIS may contact other agencies, such as government agencies, education institutions, employers, and other entities to verify any information you provide. Providing false information on a DACA renewal request could result in fines, potential jail time, and the commencement of removal proceedings in immigration court.   

How Our Los Angeles Immigration Attorneys Can Help

When dealing with immigration issues that have such a large impact on your life, you need a strong legal advocate in your corner. At the Law Offices of Joshua L. Goldstein, P.C., our Los Angeles immigration attorneys will provide you with professional legal guidance and experienced representation to help you successfully navigate the rules and regulations of of the U.S. immigration system, avoid unnecessary delays, and obtain the benefits you need to provide for yourself and your loved ones. Contact our office today to schedule your initial consultation.