June 11, 2014 by Noel Pangilinan
By CRISTINA GODINEZ
NEW YORK CITY – Young undocumented immigrants who have been previously granted deferral from being deported under the Deferred Action for Childhood Arrivals (DACA) can now apply for renewal of their permits to stay and work for another two years.
The United States Citizenship and Immigration Services (USCIS) announced on June 5 that it has received an order from Secretary of Homeland Security Jeh Johnson to start accepting and processing renewal applications effective immediately.
The first DACA approvals will begin to expire in September 2014, the USCIS said.
“To avoid a lapse in the period of deferral and employment authorization, individuals must file renewal requests before the expiration of their current period of DACA. USCIS encourages requestors to submit their renewal request approximately 120 days (four months) before their current period of deferred action expires,” it said in its press release.
DACA renewal applicants must continue to meet the initial criteria for eligibility plus three more requirements.
The additional requirements stipulate that those wishing to renew their permits should:
- not have depart the U.S. on or after August 15, 2012 without an Advance Parole;
- have continuous residence in the U.S. from the time of submission of the initial DACA approval; and
- have no conviction of a felony, significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
Renewal applicants may begin the process by submitting the following:
- Form I-812D, “Consideration of Deferred Action for Childhood Arrivals”;
- Form I-765 Application for Employment Authorization;
- I-765 Worksheet along with the biometrics; and
- I-765 filing fee of $465.00 to the USCIS.
People with DACA who don’t apply for and get DACA renewal will no longer be able to work legally in the U.S, and are potentially deportable.
The USCIS said that more than 560,000 were approved for DACA as of April 2014. DACA approvals were granted to undocumented individuals who were brought into the U.S. as children based on the following criteria:
- Born after June 15, 1981;
- Under 16 upon arrival in the US;
- Continuous resident of the US since June 15, 2007;
- Physically present in the US on June 15, 2012 and at the time of the DACA application;
- Entered U.S. without inspection or overstayed visa before June 15, 2012;
- At least 15 at the time of DACA application filing, unless under deportation proceeding;
- HS graduate, or in school, or with GED or honorably discharged from military service; and
- No conviction of felony, significant misdemeanor, multiple misdemeanors, or if no criminal conviction, s/he must not pose a national security or public safety threat.
Renewals for a small number of people who were granted DACA by U.S. Immigration and Customs Enforcement (ICE) before August 15, 2012, while they were in detention or removal proceedings are covered by separate USCIS guidelines issued on Feb. 19, 2014.