A grant of deferred removal action does not confer lawful immigration status, alter an individual’s existing immigration status, or provide a path to citizenship, however, it can provide immigrants with the opportunity to live, work (and in some instances obtain a driver's license) in the United States without fear of imminent deportation.
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To renew their deferred action status for another two year period, eligible immigrants will need to submit Form I-821D, Consideration of Deferred Action for Childhood Arrival to U.S. Citizenship and Immigration Services (USCIS). This form must be completed, properly signed and accompanied by supporting documentation and Form I-765, Application for Employment Authorization (along with the accompanying filing fees for that form, totaling $465), and Form I-765WS.
It should be noted that if an immigrant's previous period of deferred action expires before they receive a renewal of deferred action under DACA, they will accrue unlawful presence and will not be authorized to work for any time between the periods of deferred action. For this reason, eligible immigrants should submit their request for renewal 120 days before their current period of deferred action under DACA expires.
An individual whose case was initially deferred under DACA by ICE may be considered for Renewal of DACA from USCIS if he or she:
- Was under the age of 31 as of June 15, 2012;
- Came to the United States before reaching his or her 16th birthday and established residence at that time;
- Has continuously resided in the United States since June 15, 2007, up to the present time;
- Did not depart the United States on or after August 15, 2012 without advance parole.
- Was present in the United States on June 15, 2012, and at the time of making his or her request;
- Entered without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012;
- Has 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 he or she requested DACA from ICE and: 1) has successfully completed an education, literacy, or career training program (including vocational training) and obtained employment, 2) is currently enrolled in high school, postsecondary school or a new/different education, literacy or career training program, or 3) has made substantial, measurable progress toward completing an education, literacy, or career training program and,
- Has 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.
You should contact your immigration attorney to assist you in preparing the applicable petitions and supporting documentation.