The DACA Renewal Process: How it works.
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The DACA Renewal Process: How it works.

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June 6, 2014, 9:51 pm
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June 6, 2014 - Washington D.C.

On this day, the U.S. Citizenship and Immigration Services (USCIS) informed the public of its’ new renewal system for the many thousands of youths who were granted Deferred Action for Childhood Arrivals (DACA). Renewal of DACA assures that DACA holders will continue to be safe from deportation for an additional two-year period. Similarly, they will continue with work authorization and to be qualified to get a Social Security card, and, in most states, be permitted to apply for a driver's license.

The renewal instruction arrived just in time, as . DACA beneficiaries are requested to apply for renewal, four or five months before their expiration date. Those who were granted DACA in September and October of 2012 – must act immediately. Despite the fact that DACA beneficiaries who apply for renewal will have to go though another fingerprint check most discover that the renewal process is generally clear and that most DACA beneficiaries should be able to apply for the renewal on their own.

USCIS has made clear that people who have been granted DACA will qualify to renew barring criminal activity, traveled without authorization, or abandoned their U.S. residence. Nobody granted DACA will age-out of the DACA program. And those enlisted in school at the time of their initial application will not be rejected if they had to stop studying for other obligations.

To apply for renewal, DACA beneficiaries will need to use a redesigned and somewhat shorter form of the DACA application, pay a filing fee of $465 (unless waived), and submit to a background check. Regardless of the paperwork, DACA beneficiaries will discover the renewal process simpler than the original application process. Where in the original application, they had to provide substantial documentation, those filing for renewal will be obliged to submit proof with their application, unless he or she received DACA from Immigration and Customs Enforcement (ICE), as opposed to USCIS, and those with new facts including removal/deportation or criminal history that were not previously submitted, will be required to submit documentation alongside their requisition.

DACA applicants must be careful to renew timely otherwise, they may face work sanction and problems renewing their driver's license. To avoid any serious problem, DACA beneficiaries are asked to seek renewal around four prior months their termination dates. This should to give USCIS sufficient time to process the request. Also, as per USCIS, the individuals who apply far enough ahead of time of their termination date may be given an automatic renewal if there are processing delays.

Notwithstanding the excitement round DACA renewal, the 1.15 million potential DACA applicants who have not yet filed for their original DACA process, should not erroneously presume that the initial application period has expired. In reality, the re has been receiving some 10,000 new applications every month.

Of course it’s great that President Obama has helped many thousands who arrived in the U.S.at a young age, but it is just not enough. These children need permanent security, not the ability to live legally in the U.S. for two years at a time. Only with the passage of a comprehensive immigration reform will this country finally begin it reconstruction and return to its rightful place as the apex of democracy in action.

Author: Moises Apsan
Attorney with over 32 years of experience. Past president Federal Bar Association NJ Chapter (1997-2002). Offices in Astoria, NY, Newark, NJ. Tel: 877-873-8510 http://www.apsanlaw.com and drmoises.com
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