National Interest Waivers

DACA Renewals: Updates and Reminders

USCIS provided recommendations to help ensure the timely processing of all DACA renewals. USCIS is currently processing DACA renewals within the 120-day goal. However, a recent technical issue did affect some submissions.

USCIS recommends submitting renewal requests approximately 150 days (between 4 and 5 months) before the expiration date. The expiration date is shown on the Form I-797 DACA approval notice. Filing well before the expiration date helps avoid a possible lapse in status and with retaining employment authorization. However, filing earlier than 150 days ahead of the expiration does not advance the decision date.

Individuals can file their DACA renewals online or via paper. For online filing, a USCIS online account is required. Online filing provides users with a convenient and secure option to submit documents, pay fees, and track the status of the filing. There is no cost for the USCIS online account. DACA online renewal requests must include three forms, Form I-821D, Form I-765, and Form I-765WS, and related fees. Fees for Form I-765 increased to $520 as of April 1, 2024. A $50 discount is applied if filed online. There is no fee change for Form I-821D.

If filing via paper, individuals can download Form I-821D from the USCIS website. Per the recommendation of USCIS, DACA requestors should also submit Form G-1145, E-Notification of Application/Petition Acceptance. After Form G-1145 is submitted, individuals receive an e-notification when their form is accepted.

USCIS shared processing times for DACA renewals. In Fiscal year 2023 submissions were processed in 1 month. In the first quarter of Fiscal year 2024, DACA renewals were processed in under 2 months, still below the 120-day DACA renewal goal. Of course, some submissions were not completed within that time frame. Per USCIS, the following factors affected DACA renewals:

  • Failure to complete the required biometrics appointment,
    • Issues found when checking an applicant’s criminality, public safety, or national security background which requires additional vetting,
    • Additional information required due to travelling abroad,
    • Discrepancies in name or date of birth,
    • Incomplete submissions,
    • Questions on eligibility for the DACA renewal where additional information or explanation is required.

In recent months, USCIS notes that some individuals are seeing processing times of over 120-days. A technical issue that affected some filings has been identified and corrected, per USCIS. USCIS also stated that the majority of filings affected by the technical issue will be resolved within the next 30-45 days. Individuals can submit an online inquiry if a submission has been pending for 105 days or longer. Expedited cases are considered on a case-by-case approach.

As always, we actively monitor ongoing developments that affect U.S. immigration policy and practice. If you have questions about a DACA renewal or any other U.S. immigration related issue, contact us. Our team of experienced professionals work directly with our clients every step of the way.

 

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