Client Alerts

USCIS Resumes Accepting DACA Renewals

By: David W. Leopold

About: Immigration, Employment & Labor, Litigation & Dispute Resolution

Due to a federal court order, U.S. Citizenship and Immigration Services (USCIS) has resumed accepting requests to renew a grant of deferred action under DACA.

Who can apply to renew DACA?

Individuals who were previously granted deferred action under DACA may request renewal by filing Form I-821D, Form I-765, and Form I-765 Worksheet, with the appropriate fee or approved fee exemption request, at the USCIS designated filing location, and in accordance with the instructions to the Form I-821D and Form I-765.

USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA.

How Do I Apply To Renew My DACA?

All DACA requests—initial and renewal—must be filed in accordance with the Form I-821D and Form I-765 instructions.

Can I Apply for Advance Parole? 

No. USCIS will not accept or approve advance parole requests from DACA recipients.

When should I apply to renew my DACA?

Before the DACA program was canceled on September 5, 2017 the USCIS recommended that DACA renewals be filed between 150 and 120 days in advance of expiration. The most recent guidance from USCIS says the agency will “accept” early renewal applications. However, the USCIS instructions to Form I-821D say that USCIS may reject early renewals.

What if I have or had DACA and I have a deportation order, voluntary departure, or an administratively closed case?

It is a risk to request DACA renewal. Consult with a licensed attorney or a BIA-accredited representative about your case before you apply.