Reminder: Deadline for DACA Renewals is October 5

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Executive Summary

• DACA recipients whose benefits expire between September 5, 2017 and March 5, 2018 are eligible to renew.

• All eligible renewal applications must be physically received at USCIS by October 5, 2017.

• With the deadline fast approaching, applicants should use express mail or an overnight courier service to minimize the risk of untimely receipt of their renewal filing.

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Deferred Action for Childhood Arrivals (DACA) recipients whose benefits expire between September 5, 2017 and March 5, 2018 must submit their renewal applications so they are received at U.S. Citizenship and Immigration Services (USCIS) on or before October 5, 2017.

Though immigration advocates and some members of Congress have asked the Trump Administration to extend the deadline for renewal applications, no such extension has been granted.

The Trump Administration announced last month that it would terminate the DACA program on March 5, 2018.

Who is eligible to file?

If your DACA employment authorization document (EAD) has an expiration date between September 5, 2017 and March 5, 2018, you are eligible to renew your benefits.

You are not eligible to file if:

• Your DACA EAD expires on March 6, 2018 or later;

• Your DACA EAD expired on or before September 4, 2017 and you did not file a renewal on or before September 5, 2017; or

• You have never filed a DACA application.

If your initial or renewal application was already pending with USCIS 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 physically received at the appropriate USCIS filing location by October 5, 2017. Because time is running out, you should use express mail or an overnight courier to minimize the risk of untimely receipt of your application.

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

Though there is bipartisan support for permanent DACA relief and several bills are already pending in Congress, a legislative solution cannot be guaranteed. DACA beneficiaries should therefore 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.