How to Renew Your DACA in 2023 - Informed Immigrant (2023)

FAQs

Can I renew my DACA online with current immigration status? ›

Renewals can be submitted online!

Current DACA recipients must first create a USCIS online account in order to file Forms I-821D (DACA) and I-765 (Work permit) online. The online account provides a quick and easy method of submitting forms, paying fees, and tracking the status of USCIS applications.

How Long Will My DACA Application Take? DACA processing times vary widely. USCIS is not currently processing new DACA applications, but it processes DACA renewals in an average of 1.1 months.

Under current court orders, the government is not processing first-time DACA applications, but existing DACA approvals remain in place and can be renewed.

DACA recipients are not U.S. citizens or lawful permanent residents. The program does not grant them official legal status or a pathway to citizenship. However, a DACA recipient may be eligible for a marriage green card under certain conditions.

Advantages of Applying Online

There are several advantages to filing the DACA renewal forms online. For most applicants, applying online is much simpler, faster, and convenient than paper filing.

You should submit your DACA renewal request between 150 days (5 months) to 120 days (4 months) before your expiration date. If you submit your request after the 120-day window, you could be at risk of losing your job and other protections.

USCIS encourages DACA recipients to complete their renewal application during the 120-150 day window before expiration to provide enough time for processing and to avoid a lapse in their DACA. However, requests received earlier than 150 days will be accepted.

Yes. While USCIS recommends filing for renewal between 150 and 120 days from when your DACA expires, requests received earlier than 150 days and up to 365 days in advance will be accepted. However, this could result in an overlap between your current DACA and your renewal.

The Dream Act of 2023 would allow approximately 1.9 million eligible Dreamers brought to America as children, including the roughly 600,000 current DACA recipients, to receive permanent protections to live and work in the U.S.

You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice. (You can access Emma by clicking on the Ask Emma icon on the top right of this page).

What happens if DACA expired while renewing? ›

Even if you don't submit your completed renewal application at least 120 days before your current DACA and EAD expire, USCIS will still accept and process the application. But your DACA may lapse for several weeks or months, depending on how late you applied for renewal.

If you have a pending renewal application, you do not need to reapply. Effective Oct. 31, 2022, we will accept and process renewal DACA requests and accompanying requests for employment authorization under the final rule, consistent with court orders and an ongoing partial stay.

To file Form I-821D and Form I-765 online, a DACA requestor must first create a USCIS online account, which provides a convenient and secure method to submit forms, pay fees and track the status of any pending USCIS immigration request throughout the adjudication process.

The Court's decision restores the 2012 Obama Administration DACA policy in full. The court's decision ordered the Administration to reopen DACA for new applicants, reopen Advance Parole, and allow current DACA recipients to continue to renew their status.

Form I-765: What is your current immigration status or category? There is currently no category for DACA. No Lawful Status (NLS) would be the most appropriate option for a DACA recipient filing their I-765.

USCIS' current goal is to process DACA renewal requests within 120 days. If your renewal request has been pending more than 105 days and you have not heard from us, please feel free to contact us. Please contact us through the USCIS Contact Center or by sending a message from your USCIS online account inbox.

If USCIS denies your DACA renewal case, it will send you a denial notice explaining why. It can be disheartening to go through months of processing for DACA status only to have your case denied. If this happens, you may want to get legal advice about the next steps.

To ensure your request is accepted for processing, be sure to complete these required form fields: Form I-821D: Name, Address, Date of Birth, Initial Request or Renewal Request, expiration date of most recent period of DACA (renewals only), A-Number (renewals only)

How long after my DACA expires Can I renew? ›

If you currently have DACA or your DACA has been expired for less than one year, you can submit a DACA renewal application.

Filing Less Than 5 Months Before Expiration

Waiting too long can make it impossible to renew. If you file after your most recent DACA period expired, but within one year of its expiration, you may submit a request to renew your DACA.

These are domestic violence, burglary, sexual abuse or exploitation, drug trafficking (or distribution), the unlawful possession or use of a firearm, and DUI (driving under the influence of alcohol or drugs). If a crime does not meet this definition, however, it still may be considered a significant misdemeanor.

If you are applying to renew your DACA status, there are some reasons that USCIS might reject your application. Common reasons include failing to reply to requests for evidence (RFEs) or experiencing changes since your last application that make you no longer eligible for DACA.

Anyone requesting DACA must have been under the age of 31 as of June 15, 2012 (this means you must have been born on or after June 16, 1981).

What has changed? The rule does not make any significant changes to DACA eligibility, protections, or the application process. Current DACA recipients can continue to renew if they are eligible, but the government is still barred under court order from processing new, first-time applications.

DACA recipients can travel within the United States.

In late 2021, the U.S. Citizenship and Immigration Services (USCIS) approved to travel to Puerto Rico and the United States territories without advance parole.

As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023.

In most cases, renewing your DACA status online is faster and easier than filing by mail.

The current USCIS processing time for Form I-765, Application for Employment Authorization (EAD), is between 2 and 3 months.

Can I travel with my DACA expired? ›

The ID you present must be valid (not expired at the time of travel) and must be issued by an official government body. Acceptable IDs include, but are not limited to, a U.S. state-issued driver's license, driver's permit, or a passport from your country of nationality.

When you file your DACA renewal or new DACA application, you will need to submit supporting documents to prove that you are eligible for DACA. The documents you need to submit will be different depending on whether you are renewing or applying for the first time. They will also vary based on your personal background.

Our toll free number is 800-375-5283 (TTY 800-767-1833) and our hours of operation are Monday to Friday, 8am to 8pm Eastern.

This is a list of what to include in the packet: A completed and signed Form I-821D □ A completed and signed Form I-765 □ A completed Form I-765WS □ A completed Form G-1145 (optional) □ 2 passport-style photographs of you taken within the last 30 days.

Typically, you can find your status at last entry on your nonimmigrant visa or Form I-94. However, if you changed your status since arriving, your visa category may be different. In this case you can likely find your current immigration status on a Form I-797A, Notice of Action.

Yes. While USCIS recommends filing for renewal between 150 and 120 days from when your DACA expires, requests received earlier than 150 days and up to 365 days in advance will be accepted. However, this could result in an overlap between your current DACA and your renewal.

Those who hold DACA can continue to renew their deferred action and work permits.

When immigrating to the US, there are four different types of immigration status categories that individuals may fall into: citizens, residents, non-immigrants, and undocumented immigrants.

How often do undocumented immigrants have to renew under DACA? ›

DACA gives undocumented immigrants: 1) protection from deportation, and 2) a work permit. The program requires that the DACA status and work permit be renewed every two years. On January 20, 2021, President Biden issued a memorandum noting his administration's intent to both preserve and fortify DACA.

Unfortunately, your employer can legally terminate your employment once your work EAD expires.

Even if you don't submit your completed renewal application at least 120 days before your current DACA and EAD expire, USCIS will still accept and process the application. But your DACA may lapse for several weeks or months, depending on how late you applied for renewal.