If your previous period of deferred action expires before you receive a renewal of deferred action under DACA, you will accrue unlawful presence and will not be authorized to work for any time between the periods of deferred action. For this reason, USCIS encourages you to submit your request for renewal 120 days before your current period of deferred action under DACA expires.
Individuals who initially applied for DACA with ICE or with USCIS may request DACA renewal if they continue to meet the initial criteria and these additional guidelines:
- Did not depart the United States on or after Aug. 15, 2012, without advance parole;
- Have continuously resided in the United States since they submitted their most recent DACA request that was approved; and
- 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 application for renewal should be sent to USCIS and consists of the new version of form I-821D, Deferred Action for Childhood Arrival, in conjunction with application for employment authorization and worksheet. The immigration fee is $465.
Differently from you the first time applicants, the renewal does not require submission of documents. Nonetheless, it is advisable to keep the documents which makes the applicant meet the initial as well as the additional criteria together, as immigration has the discretion to request for such documents when processing the case.
It is also important to know that the DACA beneficiaries do not age out of the benefit. That is, if you were born after June 15, 1981, you are eligible for DACA even if you are currently 31 or more years old.
For more information please visit USCIS.