Renewal of DACA for those granted by ICE from June 15 – August 15 2012

////Renewal of DACA for those granted by ICE from June 15 – August 15 2012

This is only for those granted DACA by ICE between June 15, 2012 and August 15, 2012.

If you recall, DACA was announced on June 15, 2012 and was implemented on August 15, 2012. For those granted DACA by U.S. Immigration and Customs Enforcement (ICE), that means they were in removal proceedings. It also means that the forms we now used were not even created yet. This only applies to a small group of people. It doesn’t apply to anyone granted DACA by U.S. Citizenship and Immigration Services (USCIS). If you do fit into this small group, how do you renew your DACA? You must apply as if you were filing for DACA for the first time. That means submitting the DACA application, Form I-821D, request for work authorization, Form I-765, the employment worksheet, Form I-765 WS, and the filing fee of $465. If you fit into this category, you don’t want to wait because if your approval lapses, you will begin to accrue unlawful presence. Also, your work authorization, and in New Jersey, your driving privileges, will also lapse. USCIS suggests you file 120 days before your current period of DACA lapses. The problem is, USCIS usually takes longer than 120 days to review the application. If you fit into this group and want to renew your DACA, what do you to prove in order to qualify?

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007;
  4. Did not depart the United States on or after August 15, 2012, without advance parole;
  5. Were present in the United States on June 15, 2012, and at the time of making your request;
  6. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  7. Have graduated or obtained a certificate of completion from a high school, has obtained a general educational development certificate, is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; or was in school at the time you requested DACA from ICE and: a. have successfully completed an education, literacy, or career training program (including vocational training) and obtained employment, b. are currently enrolled in high school, postsecondary school or a new/different education, literacy or career training program, or c. have made substantial, measurable progress toward completing an education, literacy, or career training program and,
  8. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Each case is considered on a case-by-case basis. There are no appeals. So document your case appropriately. You should not do it without an attorney. If you want more information, request a FREE copy of our book, “Pitfalls of Obama’s Deferred Action for DREAMers” by clicking here.

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