On April 12, 2022, U.S. Citizenship and Immigration Services ("USCIS") announced that DACA renewal applications, including employment authorization applications, can now be filed online.
Up until now, DACA applications could only be filed in the traditional method, adding to the time it took to process the applications. With the new online filing option, USCIS is continuing its efforts to be more efficient and paperless.
Want to know more about DACA and the renewal process?
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What is DACA?
Deferred Action for Childhood Arrivals (“DACA”) is a discretionary policy by USCIS or Immigration and Customs Enforcement (“ICE”) to give certain cases lower priority and provide some level of protection from deportation if the person meets the minimum requirements. It’s important to remember, though, that DACA does not grant residency or citizenship, and it does not grant any entitlement or legal status.
Generally, to be eligible for DACA, an applicant must:
be 31 years old or younger on June 15, 2012;
have come to the US before reaching their 16th birthday;
have continuously resided in the US from June 15, 2007 to the present time;
have been physically present in the US on June 15, 2012 and at the time of the application;
have had no lawful status on June 15, 2012;
be currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or be an honorably discharged veteran of the US Coast Guard or armed forces; and
have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and not otherwise pose a threat to national security or public safety.
People who are granted DACA deferred action may also apply for and receive employment authorization for the period of deferred action, but they must show that they have “an economic necessity for employment.” Once a person is granted employment authorization, they may also obtain a social security card.
If approved, DACA protection is granted for 2 years, but can be renewed in additional 2-year intervals.
DACA Renewals Can Now Be Filed Online
On April 12, 2022, USCIS announced that DACA renewals can now be filed online, including both the renewal application and the application for employment authorization.
“The expansion of online filing is a priority for USCIS as we make our operations more efficient and effective for the agency and our stakeholders, applicants, petitioners and requestors … The option to file DACA renewal requests online is part of USCIS’ ongoing move to minimize reliance on paper records and further transition to an electronic environment.”
- USCIS Director Ur M. Jaddou
In addition to filing the application online, applicants can also pay filing fees, track the status of any pending USCIS requests, and respond to Requests for Evidence. For those who prefer the traditional method, paper applications will also still be accepted.
What About New or Initial DACA Applications?
Online filing is currently only available for DACA renewal applications. This is likely in large part due to a court-ordered injunction issued on July 16, 2021 in State of Texas, et al., v. United States of America, et al., 1:18-CV-00068 (S.D. Tex. July 16, 2021) which prohibits the Department of Homeland Security (“DHS”) from granting any new or initial DACA requests (though it does not prohibit DHS from accepting initial applications).
As a result, any initial DACA requests must be filed in paper format, though the government is prohibited from taking any action on the new requests.Whether or not Congress takes any action to codify DACA into law remains to be seen.
What if I Need to Renew DACA?
If your DACA approval is going to expire within the next 150-180 days, it is highly recommended that you consult with an attorney to begin the renewal process now so that you don’t experience a lapse in protection and/or a lapse in employment authorization.
If your DACA authorization has already expired, but it has been less than 1 year since the expiration, you may still be able to file for DACA protection as a “renewal” rather than as a new applicant.
It is important to remember, though, that each is case different, and there is no one-size-fits-all solution. As a result, it is strongly encouraged that you seek the advice of a competent and licensed immigration attorney to help guide you through the process.
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Disclaimer: This post is for informational purposes only, and shall not be considered legal advice, or be used as a substitute for competent counsel. No attorney-client relationship exists without a signed agreement.
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