What will USCIS do if my DACA and EAD expire before my DACA renewal application has been approved?
USCIS may provide you with temporary DACA and an EAD, but only if you submitted your renewal application at least 120 days before your DACA and EAD expiration date and your DACA and EAD expire before your application is approved. However, if you submitted your renewal application fewer than 120 days before the DACA and EAD expiration date, and they expire while USCIS is still processing the application, then you will likely lose your DACA status and employment authorization until USCIS makes a decision about the renewal application. If this happens, you will no longer be lawfully present in the U.S. This means that you begin accruing unlawful presence time if you are age 18 or older. You will no longer have legal authorization to work after your EAD expires, so you may also be at risk of losing your employment. Due to the possible negative repercussions of an expired DACA and EAD, it is very important that you apply for renewal no later than 120 days before the expiration of your DACA and EAD. If you need assistance with your EAD or DACA renewal, please call or email Your Immigration Angel today! We are ready to help you before it is too late!
Deferred Action for Childhood Arrivals (DACA) Renewal Eligibility
USCIS instructions for DACA renewal applications specify that a person may be considered for DACA renewal if he or she met the guidelines for consideration of initial DACA and
- did not depart the U.S. on or after August 15, 2012, without advance parole;
- has continuously resided in the United States since submitting the prior DACA application, and
- has not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and is not a threat to national security or public safety.
However, USCIS may ask you for additional information as well as for documents to verify the information on your DACA renewal application.
Please note that eligibility for DACA renewal is not limited to people who currently are under age 31. You cannot “age out” of eligibility for DACA if you were born after June 15, 1981. You do not need to have a job in order to be eligible for DACA renewal. You do not have to be enrolled in college to be eligible for DACA renewal.
If you need help in applying for your DACA renewal or need help in gathering your evidence and documents, please call Your Immigration Angel today!
You may have been granted DACA or deferred action based on your arrival in the U.S. as a child. If so, it may be time for you to renew your DACA grant. The expiration date can be found on the DACA Approval Notice (Form I-797 ) and on the Employment Authorization Document (EAD) card that you received when you were approved for DACA. It is very important that you renew your grant in a timely manner. USCIS encourages you to submit the renewal request in the time frame 150-120 days before the expiration of your current DACA grant. If you file for your renewal during this window of time, you can minimize the risk that your DACA grant will expire before your renewal application is approved. Contact us for assistance in filing for your DACA renewal!
President Obama’s immigration reform has created more immigration options for millions of undocumented individuals in the U.S. while promising to keep Americans safer.
- Parents of U.S. citizens and lawful permanent residents (of any age) who have been continuously present since 1/1/10, and who pass background checks and pay taxes, will be eligible to apply for deferred action, which will be granted for a 3-year period.
- Parents of Deferred Action for Childhood Arrivals (DACA) recipients are not eligible for the above relief, however the DACA program itself will be expanded. The program guidelines will be revised to eliminate the age cap, and to change the date that continuous presence must have started to 1/1/10.
- Individuals with an approved employment-based immigrant petition who are caught in the quota backlogs to file for adjustment of status will be advanced to permit them to obtain the benefits of a pending adjustment.
- New reforms also promise to aid job-creating entrepreneurs gain access legal means to enter and operate in the U.S
- To make the best use of limited ICE resources, newly outlined enforcement priorities will focus on security measures to keep suspected terrorists, convicted felons (including aggravated felonies), convicted gang members, out of the United States. Additionally, close attention will be paid to people apprehended at the border, people convicted of serious or multiple misdemeanors, and very recent entrants.