Recent government announcements and court cases on DACA have created confusion around who can apply, when
they can apply, and how they can apply for DACA. To mitigate this confusion, below is an informational FAQ for your
Please note that DACA cases are still pending in the courts, and information is changing.1 For now, the DACA program is
still partially available and will continue according to the USCIS guidelines issued in January 2018 while litigation
Who is eligible to apply for DACA now?
Any individual who has DACA or was previously granted DACA can request a renewal. This means that you can request
to renew your DACA if you:
• currently hold DACA;
• had DACA but it expired, or
• had DACA but it was terminated by USCIS or ICE.
If you never applied for DACA or you applied for DACA, but it was not approved, you are not eligible for DACA at this
time. USCIS will not approve DACA for you now.
If your DACA was previously terminated by USCIS or ICE, speak with an immigration expert before filing your DACA
renewal request. On the one hand, the reasons your DACA was terminated previously may impact your eligibility for or
likelihood of having a DACA renewal approved now. On the other hand, if your DACA was terminated based on arrests,
unproven allegations or a low offense that should not disqualify you from DACA, and the government did not send you a
notice or an explanation, then the government may have terminated your DACA unlawfully.3 If that is the case, you may
be able to have your DACA reinstated. If you think this may be your situation, you can contact the American Civil
Liberties Union (ACLU) at DACArevoked@aclu.org.
When can I file my DACA renewal request? Is it true I can only submit a renewal
request if my DACA expires less than 150 days from today?
Although USCIS encourages DACA recipients to file a renewal request between 150-120 days before their current DACA
expires, USCIS is accepting renewal requests filed earlier than the 150 days. These renewal requests have been
accepted and receipt notices have been issued.
Some individuals have filed a renewal request up to one year in advance to ensure that their request gets reviewed now
that the DACA program has restarted and in case the program gets rescinded again. Please note that if you do choose
to renew in advance, an approval of a DACA renewal may overlap with your current DACA. With that said, you should
talk to a trusted legal representative before you submit your DACA renewal request to ensure you are still eligible for
DACA and to check for any red flags with your request.
1 On February 26, 2018, the U.S. Supreme Court denied the government’s request to review a federal district court injunction barring the termination
of the DACA program, and a Court of Appeals will hear the case in the coming months.
2 The USCIS guidelines issued in January 2018 is available at https://www.uscis.gov/humanitarian/deferred-action-childhood-arrivals-responsejanuary-2018-preliminary-injunction.
3 You can read about the recent court case impacting DACA recipients whose DACA was terminated at https://www.aclu.org/cases/inland-empireimmigrant-youth-collective-v-nielsen.
DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)
Frequently Asked Questions
What do I have to submit to renew my DACA?
To renew your DACA you will need to submit immigration forms I-821D, I-765, I-765WS, and a copy of your work permit.
Special instructions for Form I-821D:
1. If your DACA is still current (has not expired at the time you submit your DACA renewal request), check this box
in Part 1 and write your DACA expiration date:
2. If your DACA expired on or after September 5, 2016 (this means from September 5, 2016 to now), check this
box in Part 1 and write your DACA expiration date:
3. If your DACA expired on or before September 5, 2016 (this means any time before September 5, 2016, like
September 4th or September 3rd of 2016 or before), check this box in Part 1 and write your DACA expiration
Note: If your DACA expired on or before September 5, 2016, you will need to submit documentation of your
education, physical presence on June 15, 2012, and continuous presence from June 15, 2007 to present.
Should I request to renew my DACA if I have a new crime in my record?
If you have been arrested or convicted of a new crime, it is important that you speak with an immigration expert before
you submit a DACA renewal request. Due to changes in the government’s immigration enforcement priorities as of
January 2017, it is best to speak with an immigration expert before applying even in the cases where the incident
happened before your last approval. Some DACA recipients with criminal issues have had their DACA renewal requests
denied in the kinds of cases that would have previously been approved.
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What if I lost my work permit, should I renew my DACA or apply to replace my work
Whether you choose to submit a DACA renewal request, or a work permit replacement request is going to depend on
when your DACA permit expires. If it expires in a few months or so, it makes sense to submit a renewal since you must
pay the $495 fee, and if approved you will get a work permit for two more years. If you file a Form I-765 for a work
permit replacement, you will still need to pay the $495 fee and will have to file a DACA renewal request in a few months
and pay the fee again.
How long are approvals for DACA requests taking?
There is no definite answer to how long it will take for USCIS to review your request. USCIS has stated that they will
attempt to process DACA renewals within 120 days of receiving the request. Despite this policy, DACA requests have
been reviewed and approved in less time (some as quickly as three weeks) or taken as long as six months or more.
Requestors should receive a receipt notice and biometrics appointment within a few weeks of submitting their request.
To ensure your DACA request gets processed in a timely manner, please make sure to not miss your biometrics
appointment and ensure you submit a complete request (no missing forms, no missing information of birth or name,
signed in all of the required places, and completely answered Part 4 of the Form I-821D). Note that if your request has
been pending for 105 days, you can submit an inquiry with USCIS by calling 1-800-375-5283 and giving them your
receipt notice information.
If my request is missing information, will USCIS reject my request or will they ask for
Recently, USCIS has rejected DACA renewal requests as not being properly filed when information is missing from Form
I-821D or Form I-765. Some USCIS service centers had previously issued a Request for More Evidence (RFE) for the
type of missing information, allowing applicants to respond within a given period before USCIS continued their review.
Some of the reasons USCIS rejected requests included missing an answer to a question in Part 4 of Form I-821D,
missing date of birth, missing a signature, or missing a page of one of the immigration forms. USCIS stated that these
requests were not properly filed, and they had a valid reason to reject.
Taking this into account, it is important that the request you submit is complete. This means all applicable boxes are
checked, all information is provided, the exact fee is submitted, all signatures are included, and all immigration form
pages are included.
Can I still travel on advance parole with my DACA?
No. USCIS is no longer accepting requests for advance parole for DACA recipients. Recent court orders that restarted
the DACA program only ordered USCIS to open the acceptance of DACA renewals, but they did not restart advance
parole for DACA recipients.
There are cases where individuals are still traveling on advance parole, but all these permits were given prior to the
September 5, 2017 announcement that rescinded the DACA program. Please note that even if you were granted
advance parole prior to the announcement, there is always a risk to traveling outside the United States and you need to
speak with an immigration attorney before you make the decision to leave the country.
When will the DACA program end?
There is no set date for the end of the DACA program.
The Trump Administration’s September 5th, 2017 announcement that gave a March 5th, 2018 deadline was given as
the cutoff date for who could file a DACA renewal request during the September 5th to October 5th, 2017 time-period.
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The March 5th date does not indicate the last day someone can submit a DACA renewal request or the date when
applicants who did not apply between September 5th and October 5th can start applying.
Currently, two federal courts issued an injunction which stopped the September 5th announcement and re-opened the
acceptance of DACA renewals. The government has appealed the decision and it is expected that a Circuit Court will
issue a decision in the coming months. Until a decision is made, USCIS will continue to accept requests for DACA
renewals and it is encouraged that DACA holders apply for a renewal as soon as possible.
What can I do if I encounter immigration enforcement officers?
Everyone, regardless of status, has certain rights under the United States Constitution. It does not matter if you are a
citizen, legal permanent resident, or undocumented. This means you have a right to:
• not open your door to officers, unless they can show you a warrant signed by a judge
• remain silent and not have to answer any questions
• speak to an attorney, and
• not sign any document
It is important that you exercise your rights if you encounter immigration enforcement. Exercising these rights can make
a big difference in your case. You can find a copy of a red card, outlining these rights, in different languages at
Where can I find a list of Legal Service Providers?
CONTACT JYBENNETTLAW at 816-759-2776
To locate trusted immigration legal service providers in your area, visit the page:
https://www.immigrationadvocates.org/nonprofit/legaldirectory/. There you will find a list of service providers that can
assist you with your DACA renewal request. Please note that if you need assistance making the payment, you can visit
www.lc4daca.org to apply for a filing assistance grant.
Original Source Article: https://www.ilrc.org/sites/default/files/resources/daca_faq-sk-20180302.pdf