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February 21

DACA Renewal to Maintain Employment Authorization

U.S. Citizenship and Immigration Services (USCIS) has recently issued a notice with important information for individuals granted deferred action for childhood arrivals (DACA) prior to August  15, 2012. Individuals granted DACA by U.S. Immigration and Customs Enforcement prior to August 15, 2012 or are a DACA recipient with an employment authorization document (EAD) that will expire in the next 120 days, must apply for DACA renewal to avoid any lapse in your employment authorization or accrual of unlawful presence in the United States.

Keep in mind that individuals filing Form I-821D must also file:

  • Form I-765, Application for Employment Authorization
  • Form I-765WS (Form I-765 Worksheet)

The total fee for Forms I-821D, I-765 and the I-765WS is $465. This fee includes a $380 fee for Form I-765 and an $85 biometric services fee.

Requests for consideration of deferred action cannot be e-filed. Applications must be submitted by mail (Forms I-821D, I-765, I-765WS, evidence and fees) to the appropriate USCIS Lockbox. In some cases USCIS may issue a Request for Evidence (RFE) which may cause a delay in the process. Applicant’s should take these factors into consideration and apply as soon as permitted to provide ample to time to get the work authorization in hand.

Although individuals may have been granted deferred action and issued employment authorization the first time it does not mean that applicants will automatically be granted deferred action on subsequent filings. Applicants must remember that Deferred Action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion and any changes to the applicant’s criminal or immigration situation may impact the possibility of approval on a second application. These changes can include but are not limited to criminal history, initiation of removal proceedings, unauthorized departures.

It is important to consult with an immigration attorney to ensure that a proper analysis of the case has been conducted. Contact Benavides & Serrano PLLC at 713-222-2828 to schedule a free consultation to get your questions answered.

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