This summer will mark two years since the Deferred Action for Childhood Arrivals program first began. The first DACA recipients now have the opportunity to apply for a renewal of deferred action. Immigration and Customs Enforcement (ICE) has released a notice regarding the renewal process specifically for applicants who applied between June 15, 2012 and August 15, 2012.
Renewal applications for another two-year period of deferred action must include Forms I-821D and I-765, along with the filing fee for the I-765 Employment Authorization Document. The original requirements for eligibility are still in place and renewal of deferred action remains at the discretion of USCIS.
It is important to note that if an applicant’s period of deferred action expires before they receive a renewal of deferred action, they will begin to accrue unlawful presence. They will not be eligible to work during any lapse in deferred action. In order to avoid a lapse, the government recommends applying for a renewal 120 days before the current expiration of deferred action.
Individuals who applied on or after August 15, 2012 must wait for USCIS to issue a notice regarding the renewal process for their group. Such guidance is anticipated in the coming months.