Frequently Asked Questions about DACA

We have compiled some FAQs to help those who are planning to complete the DACA application process for the first time, as well as those who need to renew their application soon. In addition to our tips and instructions, USCIS has recently updated the following webpages, which can be used as a guide when preparing your initial or renewal filing:

• Direct Filing Addresses for Form I-765, Application for Employment Authorization
• Direct Filing Addresses for Form I-821D, Consideration of Deferred Action for Childhood Arrivals
• How Do I Request Consideration of Deferred Action for Childhood Arrivals
• Reminder for Requesting DACA
• Renew Your DACA
• Don’t Let Your Work Permit Expire; Follow These DACA Renewal Tips

Whether you’re looking for information for yourself or a loved one, the following information can help you navigate the DACA application process.

Why can’t I file a new application?

DHS is currently prohibited from approving first-time DACA applications due to the ruling from the U.S. District Court for the Southern District of Texas. The Court ordered the injunction and partial stay on DACA to be extended, as of October 14, 2022. New DACA requests are currently being accepted by USCIS but not processed.

Can renewal applications be submitted?

Yes, USCIS is accepting and processing renewal requests and corresponding requests for employment authorization. Applications for advance parole for already-approved DACA recipients are also still being accepted and processed.

Who can file a renewal application?

You may file a renewal DACA application as long as you met all of the initial DACA requirements (when you filed and were approved the first time), your DACA did not expire more than one year ago, and the following is true:

• You have not departed the U.S. since August 15, 2012, without advance parole;
• You have continuously resided in the U.S. since you submitted your most recent DACA request that was approved; and
• You have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors and do not otherwise pose a threat to national security or public safety.

Who can file for DACA for the first time?

Initial applications are not currently being processed, but if and when new requests begin processing again, people who answer “Yes” to the following questions can file:

• Were you under 31 years of age as of June 15, 2012?
• Did you come to the United States before reaching your 16th birthday?
• Have you continuously resided in the United States since June 15, 2007, up to the present time?
• Were you present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS?
• Did you have no lawful status in the U.S. on June 15, 2012? (No lawful status on June 15, 2012, means that: A. You never had a lawful immigration status on or before June 15, 2012; or B. Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012.)
• Are you currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general educational development (GED) certificate, or are an honorably discharged veteran of the U.S. Armed Forces or U.S. Coast Guard?
• Have you not been convicted of a felony, a significant misdemeanor?

What do I need to submit to USCIS?

The following items should be included when filing to renew your DACA status:

• Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
• Form I-765, Application for Employment Authorization;
• Form I-765 Worksheet;
• The required filing fee of $495;
• Any new criminal or immigration-related documents that you have received since your last DACA approval (i.e., documents USCIS is not already aware of);
• Proof of legal name change (if applicable);
• Proof of most recent entry, if you received Advance Parole and have traveled outside the U.S. since receiving your last DACA approval.

Note that failure to use the correct version of the forms and failure to properly sign and date each form will result in USCIS denying your application and mailing it back to you.

If you are filing for the first time, you will need to submit the following:

• Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
• Form I-765, Application for Employment Authorization;
• Form I-765 Worksheet;
• Required filing fee of $495;
• 2 passport-style photos;
• Proof of identity;
• Proof you came to the U.S. before your 16th birthday;
• If you have been in deportation proceedings or entered with a visa, proof of expired immigration status;
• Proof you continuously resided in US from before June of 2007 to your filing date and that you were present in the US on June 15, 2012;
• Proof of your student status at the time of requesting consideration of DACA;
• U.S. high school diploma or certificate of completion;
• U.S. GED certificate;
• If you have served in the U.S. military, copies of military records;
• Copies of police reports and court records for any arrests, criminal convictions or juvenile cases (if applicable).

When should I renew my work permit?

If you wait too long to file to renew your DACA application, you risk losing work authorization. In order to stay in status and maintain employment authorization, you should file your renewal request between 150 and 120 days before the expiration date on your current Employment Authorization Document.

If you are renewing your application and realize that you are late (i.e., your current DACA status has already expired, you may still submit a renewal application for up to one year, but keep in mind that there may be a lapse in your lawful ability to work. If your DACA status expired more than a year ago, you must file a new (initial) application.

How long do DACA applications take to process?

According to the USCIS website, properly filed DACA renewals should be processed within 120 days from the date they are received. This timeline varies, and applications can take more or less time depending on how backed up the processing centers are. Note that some applications may receive an RFE (Request for Evidence) after filing, which can delay the processing time. RFEs should be responded to as quickly as possible to avoid delays. Keep in mind that the timelines may change if new applications are allowed to be processed, as the court-ordered stay and injunction are creating a tremendous backlog.

How can I check on my DACA status?

You can check the status of your DACA application using the USCIS processing time tool. If your application is outside of normal processing time (listed on the chart), you can use the USCIS e-request tools or call the USCIS contact center at 1-800-375-5283 to follow up on your case.

If you have any further questions, the team at Passage Immigration would be happy to help. You can visit our website for more information, or give us a call at (503) 427-8243.