Reminder: Deadline for DACA Renewals is October 5

In the wake of the Trump Administration’s September 5 announcement that it would terminate the Deferred Action for Childhood Arrivals (DACA) program on March 5, 2018, eligible DACA beneficiaries have until October 5, 2017 to submit an application for renewal. 

Who Is Eligible to File?

If your valid DACA employment authorization document (EAD) expires on or before March 5, 2018, you are eligible to renew your benefits.

If your EAD expires on March 6, 2018 or later, or you have never filed a DACA application before, you are not eligible to file.

If your initial or renewal application was already pending on September 5, 2017, USCIS will adjudicate it to completion. 

What and When to File

Your DACA renewal package must contain:

• Form I-821D, Consideration of Deferred Action for Childhood Arrivals

• Form I-765, Application for Employment Authorization

• Form I-765 Worksheet

• The $495 filing fee

Your renewal package must be received at the appropriate USCIS filing location by October 5, 2017.

Work Authorization and Deferred Action

If your renewal application is approved, your DACA benefits should be extended for two years, consistent with longstanding USCIS policy. You may work until your EAD expires, even if that occurs after the DACA program terminates on March 5, 2018. 

If you are not eligible to file for renewal, you may work and receive deportation relief until your EAD expires. 

Even if your EAD is valid, however, DHS has the discretion to terminate your work authorization and deportation relief – known as deferred action – at any time it deems appropriate.

International Travel

If you have been approved for DACA benefits and hold a valid advance parole (AP) document, you are eligible to travel abroad and reenter the United States, but travel is discouraged because reentry is not guaranteed.

If you do not have AP or your AP application is pending, you will be unable to travel abroad and reenter.  USCIS is no longer accepting or adjudicating DACA requests for AP. Pending applications will be closed and filing fees returned.

Looking Ahead

The Administration postponed the termination of DACA until March 5, 2018 to allow Congress time to pursue a legislative solution for current beneficiaries. Though there is bipartisan support for permanent DACA relief and several bills are already pending in Congress, debate within the Republican party as well as a busy legislative calendar means that the prospects for passage of legislation remain uncertain.

Because a legislative solution cannot be guaranteed, DACA beneficiaries should make sure to file a timely renewal application if eligible and to discuss other U.S. immigration options with a qualified attorney.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.