Reminder to DACA Recipients: Renew Early and Avoid Losing Your Authorization to Work

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On June 15, 2012, the Obama administration announced its “deferred action” program to young immigrants who were brought to the United States as children. Deferred action for young immigrants was referred to as the Deferred Action for Childhood Arrivals (or DACA).

An individual granted DACA status does not provide any permanent resident status but has the effect of deferring removal action against an individual for two years. This means that if the DACA status was granted on June 30, 2012, it will be valid only until June 20, 2014.  With the expiration of DACA status coming up, what steps must be taken to renew one’s status as a DACA recipient? What will happen if the DACA recipient does not receive a renewal of his status?

DACA Granted by ICE

Roger was born in the Philippines and arrived in the United States when he was 8 years old. His father paid a travel agent in the Philippines for a passport with a visitor visa. This was handed to Roger to be used in his travel to the United States. Roger has been using an “assumed” name while in the United States.

In 2011, Roger was arrested for a minor traffic violation. He was convicted for a misdemeanor offense. He is now 26 years old and he was brought to the immigration court for his removal proceedings. While his case was pending, his lawyer applied for a DACA status. The Immigration and Customs Enforcement (or ICE) granted his DACA request and his case was administrative closed. Roger now has an employment authorization document which will expire on June 30, 2014. What should he do to avoid being placed back in removal proceedings?

One of the many requirements of DACA is that the individual must not have been convicted of a felony, a significant misdemeanor, three or more other misdemeanors and are not a threat to national security or public safety. In the case of Roger, he was convicted only for a minor traffic violation which is not considered a significant misdemeanor. He met all the requirements for DACA status and was granted employment authorization card. If he is working right now, it is important for Roger to start applying for the renewal of his DACA status to avoid losing his authorization to work and incurring unlawful presence.

On February 19, 2014, the U.S. Citizenship and Immigration Services issued guidelines for renewal of deferred action by DACA recipients. It must be noted that the guidelines are only for those granted DACA by ICE. It does not apply to those who were granted DACA status by U.S. Citizenship and Immigration Services. Those granted deferred action by ICE are usually those who were in removal proceedings or have prior orders of removal.

Period to File

According to the USCIS guidelines, DACA recipients may request renewal of their deferred action 120 days prior to the expiration of their original 2 year period of deferred action. For example in the case of Roger, he was granted DACA on June 30, 2012. He can apply for renewal now since it is within the 120 days period for applying for renewal.

Individuals who received DACA through ICE—most of whom received DACA between June 15, 2012 and August 15, 2012, the period before USCIS began accepting I-821D applications—will be required to apply for DACA as if for the first time, providing proof that they meet all of the relevant guidelines. The form must be completed, properly signed and accompanied by supporting documentation to establish eligibility as if it was an initial application, a Form I-765, Application for Employment Authorization, filing fees totaling $465 ($380 fee for Form I-765 and $85 biometric services fee), and Form I-765WS.

The USCIS notice emphasized that those individuals who do not receive a renewal before the expiration of their original DACA grant will accumulate unlawful presence and loses work authorization. It is advisable to submit the DACA renewal applications early at least within the 120 period for filing.

Atty. Lourdes Tancinco may be reached at law@tancinco.com or at 1 888 930 0808 or visit her website at tancinco.weareph.com/old)

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