DACA renewals can be requested as long as the applicant has not departed the U.S. on or after August 15, 2012 without advance parole; has continuously resided in the U.S. since the prior DACA approval; and has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety.
The timing of DACA renewals is important: the renewal request should be submitted 120 days before an applicant’s current period of deferred action expires. This is to ensure no time lapse between the applicant’s current work authorization / DACA validity and the subsequent renewal. If an applicant’s current DACA expires while the renewal request is still pending, s/he will accrue unlawful presence before the extension is approved – unless the applicant was under 18 years old when the renewal request was submitted. However, it is important to note that the DACA renewal request should not be submitted more than 150 days before the current DACA period expires because USCIS might reject the filing and instruct applicants to submit it closer to the expiration date.
USCIS has clarified that the renewal application requires far less documentary evidence than the initial DACA filing. Other than the necessary forms and filing fee, most renewal requestors will not need to include supporting documentation. USCIS’ Frequently Asked Questions page is a useful resource for information about the DACA process. For more information about initial or renewal DACA filing requirements, contact an attorney at Becker & Lee LLP at info@BLimmigration.com or (415) 863-3910.