If you are currently a DACA recipient due for renewal, chances are that you received a letter from USCIS 180 days before the expiration date of your current period of deferred action. Previously, these reminder notices were mailed 100 days in advance. However, because of filing and processing delays, many beneficiaries were left without a response by the time their employment authorization expired. Thus, early this year, USCIS changed its policy to ensure that DACA recipients are reminded before the start of the recommended renewal period and have sufficient time to prepare their renewal requests.
Expiration of your DACA before a renewal is granted is problematic not only because you will lack a valid employment authorization and won’t be able to renew your driving license in many states, but also because once your DACA expires, you will start accumulating unlawful presence provided you are over 18 years of age.
So, in order to avoid this unnecessary worry, always remember to submit your renewal request between 150 days and 120 days before the expiration date listed on your current Form I-797 DACA approval notice and Employment Authorization Document. Also, keep in mind that USCIS will reject your renewal request unless you properly submit all the required forms and fees. Always, be sure to submit any new relevant documents and information related to your immigration or criminal history, proof of advance parole if you have traveled outside the United States since you filed your last DACA request that was approved; and proof of any legal name change. Finally, if you receive a request for additional evidence from USCIS, be sure to file a timely response.
USCIS’ current goal is to process DACA renewal requests within 120 days. You may submit an inquiry about the status of your renewal request after it has been pending more than 105 days.
For additional information, or to retain our services to file a DACA renewal, please contact our office at Schonberg & Timerman, PL 954-843-3494