Kuck Immigration Partners Explains How to Apply for Deferred Action for Childhood Arrivals Renewals (DACA) with Newly Released Guidelines

The U.S. Department of Homeland Security announces new guidelines for enrollment in the Deferred Action for Childhood Arrivals (DACA) program.

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Deferred Action Childhood Arrivals Recipients New Guidelines

Graduating DACA Recipients

Kuck Immigration Partners strongly encourages DACA beneficiaries to submit their renewal requests 120 days (four months) before their current period of deferred action expires to avoid a lapse in employment eligibility.

(PRWEB) June 06, 2014

On June 5, 2014, the U.S. Department of Homeland Security announced the process for individuals to renew enrollment in the Deferred Action for Childhood Arrivals (DACA) program. U.S. Citizenship and Immigration Services (USCIS) has submitted an updated form allowing individuals previously enrolled in DACA to renew their deferred action for a period of two years. USCIS will also continue to accept initial applications for DACA from individuals who have not previously applied.

Individuals may request DACA renewal if they continue to meet the initial criteria and the additional guidelines below:

Initial Criteria

1.    Arrived in the United States prior to age 16 and before June 15, 2007;

2.    Remained in the United States since June 15, 2007 and were present on June 15, 2012 when the program was announced;

3.    Under 31 years of age on June 15, 2012;

4.    Must be enrolled in school, have graduated from high school, or have a GED; and

5.    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.

Additional Criteria

1.    You did not depart the United States on or after Aug. 15, 2012, without advance parole;

2.    You have continuously resided in the United States since they submitted their most recent DACA request that was approved; and

3.    You 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.

Those DACA beneficiaries who were approved based upon being enrolled in GED programs when they initially applied will need to demonstrate continued enrollment if they have not yet been awarded a GED. Applicants for renewal who did not continue their GED programs after receiving employment authorization will be subject to additional scrutiny and may be unable to renew their deferred action.

With the first DACA approvals expiring in September 2014, eligible individuals should apply immediately to avoid any lapse in their deferred action. Kuck Immigration Partners strongly encourages DACA beneficiaries to submit their renewal requests 120 days (four months) before their current period of deferred action expires to avoid a lapse in employment eligibility, prevent the accrual of unlawful presence, and to continue their protection from removal.

USCIS has stated that if an individual has filed his or her renewal request around 120 days prior to the expiration of his deferred action and employment authorization and USCIS is unexpectedly delayed in its processing of the request, interim deferred action and employment authorization may be provided for a short period of time.

Individuals can renew their grant of deferred action by filing the new version of Form I-821D “Consideration of Deferred Action for Childhood Arrivals,” Form I-765 “Application for Employment Authorization,” and the I-765 Worksheet. The old form can no longer be used and will not be accepted by USCIS. The filing fee of $465.00 will be the same as it was for initial applications. As with the initial request, USCIS will conduct a background check when processing DACA renewals.

Contact the attorneys at Kuck Immigration Partners today to begin a timely renewal process by phone at 404-816-8611, or at ckuck(at)immigration(dot)net.