Deferred Action for Childhood Arrivals was announced in June 2012, and many of the young people who first registered for the program known by its initials as DACA are now up for renewal. The immigration service released a new form that can be used both for first-time applicants and renewals, and has clarified certain points unique to renewals.
Timing – The government claimed in a September 24, 2014 liaison meeting that all four service centers are adjudicating DACA applications in 90 days. Despite this claimed processing time, we know from experience that once the renewal applications start coming in bigger numbers, the immigration service will get behind. DACA renewal applications should absolutely be filed more than 90 days in advance. The earliest date to file a renewal is 150 days before expiration of current DACA status. We are encouraging our DACA clients to file as close as possible to the 150-day mark, and to consider the date 120 days before expiration as the real deadline. This is because the immigration service will consider providing interim work authorization for DACA renewal applicants whose applications are taking too long – but only if they filed at least 120 days before expiration.
Requirements for Renewal – Anyone who met the initial DACA requirements can apply for renewal as long as: 1) the applicant has not departed the U.S. without advanced parole since August 15, 2012, 2) has continued to reside in the U.S. continuously, and 3) has not become criminally barred under the same criteria as initial DACA registration. The government is not requiring that DACA renewal applications contain evidence of continuing education. If Congress passes the DREAM Act, most versions of which would provide a path to permanent status for DACA youth, young people would need to demonstrate continuing education to move to permanent residence.