Updated January 14, 2018
On January 13, 2018, DHS announced that it would abide by a federal court decision issued on January 9, 2018 that ordered DHS to accept DACA renewal applications. The judge required DHS to maintain the DACA program as it was on September 5, 2017, the day the Trump administration announced the end of DACA. While only a clean Dream Act can provide 800,000 DREAMers with a permanent solution, the judge’s order and the opportunity for DACA holders to apply for a 2-year renewal are major victories.
DACA holders, their friends, families and communities should keep the following things in mind to protect their rights:
1) DACA renewals and first-time filing
You can renew your DACA status for 2 years if you were previously granted DACA but it expired on or after September 5, 2016. You can also file for a 2-year renewal if your DACA status will expire in 150 days. However, if you have never applied for DACA before, you will not be able to apply for the first time now.
2) Forms and cost of renewal application
You must file forms I-821 D, I-765, and the I-765 worksheet along with the $495 filing fee or fee exemption request. Download these forms at https://www.uscis.gov/forms.
3) Help with the DACA filing fee
If you need help with the $495 DACA filing fee, check with Mission Asset Fund.
4) Advance parole
The judge’s decision does not require DHS to allow advance parole requests.
5) DACA expiration before September 5, 2016
If you had DACA status but it expired before September 5, 2016 it’s possible to file a new initial DACA request. You must list the date your prior DACA expired or was terminated on the form I-821.
6) DACA status is current until the expiration date and can be renewed
If your DACA status has not yet expired, it is still valid and can continued to be renewed under the January 13, 2018 DHS announcement. Renewal applications are accepted 150 days before the DACA expiration date.
7) Talk to your union rep if you have one
If you belong to a union, talk to your union rep if your employer gives you any problems about DACA or for general questions.
8) Proof of DACA status
It’s important to keep proof that you have been granted DACA with you. A copy of your employment authorization card, or a notice of approval will prove that you have been granted DACA.
9) Rights under the U.S. Constitution
All people in the U.S. have certain rights under the U.S. Constitution. Visit the Know Your Rights section.
10) Reputable legal help -- not notarios
Find reputable immigration attorneys and legal services organizations. Avoid scammers and notarios who claim to be able to help you.
We don’t know how long it will take for DHS to process DACA renewals. We also don’t know if the judge’s decision eventually will be blocked. If you are unsure whether you want to apply for a renewal of your DACA status, it’s important to consult with a reputable immigration attorney. Decide quickly whether you want to apply -- don’t wait.
The fight for a clean Dream Act is more important now than ever!
Together We Can is providing DREAMers in need with a FREE, easy-to-use, online platform that steps you through a simple to understand process of preparing DACA renewal paperwork from any device. Start your application now.
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