LIFE AFTER DACA: FILING A DACA RENEWAL

2 COMMITTEE FOR IMMIGRATION REFORM IMPLEMENTATION (CIRI)

Why should I renew my DACA? Protection from deportation Renewing DACA=Renewing Employment Authorization Educational opportunities Stop accrual of unlawful presence 9/27/2016 3

Who qualifies for a daca renewal? Anyone who qualified for and received their initial DACA and: Did not leave the U.S. on or after August 15, 2012 without permission (Advance Parole) from the government; Have continuously lived in the U.S. since your last DACA was approved; Are not disqualified due to issues of crimes, public safety or national security. 9/27/2016 4

How much time do I have to renew my DACA? USCIS states that it will send renewal reminder notices 180 days prior to expiration date. USCIS encourages people to submit their DACA renewals application days (5-4 months) before their expiration date. If you file less than 120 days before your expiration dates, USCIS cannot guarantee it will process your renewal application in time before your initial DACA/EAD expire. 5 Earliest filing date (recommended) Latest recommended filing date DACA/EAD Expiration Date Can still file as RENEWAL Must file as INITIAL applicant 150 days before expiration (5 months) 120 days before expiration (4 months) Within 1 year of expiration More than 1 year after expiration Renewal application may be approved before your initial DACA expires More than 150 days before expiration 9/27/2016

What happens if my daca expires? You will lose work authorization You will accrue unlawful presence Unless under the age of 18 when applying for renewal You may encounter issues with your employer REMEMBER: You can still apply as a DACA renewal, even after your DACA expires. Must apply within a year of expiration date After a year, you must re-apply as an initial applicant 9/27/2016 6

How can I check my expiration date? Check your EAD card and/or approval notices for the expiration date Find out your ideal renewal window ( days before expiration): 9/27/2016 7

Things to consider when renewing DACA Criminal issues Departures from the U.S. With Advance Parole (+) Without Advance Parole (-) Any negative discretionary factors Other immigration relief 8

What is the process for Renewal? Complete the necessary DACA forms and materials I-821D, I-765, I-765WS $465 payment 2 recent passport pictures Copy of the front and back of your EAD (work permit) card and/or approval notices You can still apply even if you lost one or both of these items Other relevant evidence if you’ve had any contact with immigration officials or police, and if you’ve traveled out of the U.S. Consult with an immigration lawyer or BIA accredited representative if this applies to you! Complete biometrics (fingerprinting) Approximate processing time for final decision: 3 to 4 months 9 Remember: Every application will look different. Don’t send original documents – make copies

PAYING FOR YOUR DACA RENEWAL—FEE EXEMPTION Most people have to pay, but there are exceptions. You can ask to apply for DACA without paying the fee if your income is less than 150% of the U.S. poverty level and you are in one of these categories: You are under 18 and homeless, in foster care, or you don't have family support; or You cannot care for yourself because you suffer from a serious chronic disability; or You are at least $10,000 in debt because of medical expenses for you or someone in your immediate family. 9/27/ Source:

PAYING FOR YOUR DACA RENEWAL—FEE EXEMPTION If you fit into one of the fee exemption categories, you can ask immigration officials for a ‘fee exemption.’ You have to get the fee exemption before you apply for DACA. There is no form you can fill out to request a fee exemption You may submit a letter explaining what category applies to you and the circumstances of your situation You must also submit proof to support your fee exemption claim and your income (or lack thereof). 9/27/

What is the process for renewal? Providing Additional Evidence Contact with police or immigration officials If you’ve had contact with any law enforcement agency, get your records! See the How to Get Your Criminal Records guide and webinar at Talk to an immigration attorney or BIA accredited representative before applying for DACA renewal. Find legal help at Travel outside the U.S. since last DACA submission Gather Advance Parole notice, passport used in travel, any visa used for travel, and any other travel records. If you left without Advance Parole, talk to an immigration attorney or BIA accredited representative before applying for DACA renewal. Education Requirement DACA renewals DO NOT NEED to submit information or evidence of their education status. 9/27/

RECOMMENDATION: Get a copy of your first DACA application! It is important to provide consistent information. If you don’t have a copy, make the best effort to get it before applying. Can get it by asking your previous representative or form preparer. Can request a copy via Freedom of Information Act (FOIA) What is the process for renewal? 9/27/ For tips on how to file a FOIA, please visit

Completing the I-821D Only complete the sections labeled “For Initial and Renewal Requests.” You don’t have to complete any questions under sections labeled “For Initial Requests.” Make a list of any new addresses since you submitted your last DACA request. You will need the addresses and dates you lived there to complete your DACA renewal application. Review your application to make sure you’ve answered all the questions in the relevant sections, and sign as the “Requestor.” What is the process for renewal? 9/27/ VS.

Completing the I-765 Check the top box that indicates you are requesting a renewal of permission to accept employment. Make sure that the information on this form is consistent with what you included in your first application. Remember to include all the new information you now have, including your Alien Registration Number, Social Security Number and that you have been granted employment authorization before. Completing the I-765WS You must complete this form. Indicate new totals in income, expenses and assets (if applicable). Provide a brief idea of what the amounts represent. What is the process for renewal? 9/27/

Reminder: change of address Have you moved since you got your first DACA? Update your address with USCIS online or by completing and mailing a Change of Address Form AR-11, at Having your updated address will help ensure you receive USCIS notices and reminder letters before your DACA expiration date. 9/27/

Next steps: Renewal Final Decision Approval DACA and EAD approved for another period of 2 years Update your employer with new approval notices so they can updated their records Renew drivers’ license (if applicable) Opportunity to file Advance Parole (if applicable) Denial Review denial notice for reasoning Talk to an immigration attorney or BIA accredited representative to review your case and see if you can resubmit. DACA denials cannot be appealed, but you can reapply. 17

Next steps: Delay in processing 1.Check your case status online 2.Contact the National Customer Service Center (NCSC) 3.Contact your local USCIS field office Submit an Infopass request 4.Contact USCIS Ombudsman’s office After renewal has been pending for 105 days 5.Sumbit and “Outside Normal Processing Time” inquiry 9/27/ Reference: NILC’s “Steps to take if your DACA renewal is delayed” updated August 2015

Next steps: Delay in processing 5.Contact the appropriate USCIS Service Center by California Service Center: Vermont Service Center: Nebraska Service Center: Texas Service Center: 6.Contact your congressional representative 7.Contact the National Immigration Law Center (NILC) or the Immigrant Legal Resource Center (ILRC) *even if you submitted your renewal after the preferred time you can still take these measures.* 9/27/

Additional resources Legal assistance Information Filing tips and general information Webinar on DACA Renewal updates and how to file a FOIA: 9/27/