Individuals with a current visa under the Deferred Action for Childhood Arrivals (DACA) program are urged to submit renewal requests as early as possible, per U.S. Citizenship and Immigration Services (USCIS). The current recommendation suggests 120 to 150 days prior to the current expiration date on the DACA approval notice, Form I-797, Notice of Action, and the Employment Authorization Document (EAD). Submitting the request within these guidelines reduces the risk of the authorization period expiring.

USCIS does not recommend filing prior to the 150-day period, as it will not drive a faster decision. Further, USCIS recommends filing the DACA renewal request online in order to track progress, monitor for requests for evidence, and communicate with USCIS. There may also be some cost savings from filing online.

Submitting a comprehensive renewal request is key. If submitting the request in paper form, ensure the most recent version of Forms I-821D, Consideration of Deferred Action for Childhood Arrives, Form I-765, Application for Employment Authorization, and Form I-765 Worksheet are all submitted. A new edition for Form I-765 was effective April 1, 2024. A thorough review of all forms is highly recommended, ensuring all forms are properly signed. The appropriate fees must also be submitted. If filing paper forms, separate payments are required for each Form I-765 and Form I-821D.

USCIS does not adjudicate Form I-765 for DACA requests until a decision on Form I-821 DACA Renewal Request is completed. Expedited DACA renewal requests can be requested in the case of emergency or unforeseen circumstances. Specifics are provided in the USCIS Immigration Relief in Emergencies or Unforeseen Circumstances summary online.

DACA holders are reminded that in the case of expiration, renewal requests are considered a new matter. Currently, due to recent court rulings, while USCIS can accept new requests, they cannot be adjudicated. All new DACA requests, including renewal requests submitted after their expiration date, will not be reviewed unless the law is updated.

As always, if you have questions about DACA renewal requests or any other U.S. immigration related issue, contact us. Our team of experienced attorneys work with each client to ensure they get the right advice for their specific situation, optimizing the odds of a favorable outcome.

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