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USCIS Publishes DACA Reminder

USCIS published a reminder for all initial or renewal Deferred Action for Childhood Arrivals (DACA) eligible persons that they must submit an application for Employment Authorization with their DACA applications, including the required fees, or USCIS will reject the application.

In addition to the filing requirements, USCIS strongly encourages all DACA renewal applicants to submit their renewal requests between 150 to 120 days before the expiration date indicated on the DACA approval notice. This is important because by filing for renewals timely, applicants have a better chance receiving their renewals prior to the expiration of their current DACA and can avoid losing work authorization.

Please beware that this guidance concerns DACA applicants who come within the 2012 DACA announcement only and does not concern potential DACA applicants who come within the expanded DACA announced by the President during the Immigration Executive Action announcement of November 20, 2014. Application guidance for those applicants is expected to become available in February 2015.

As a reminder, current DACA applicants:

  • Were under the age of 31 as of June 15, 2012;
  • Came to the United States before reaching your 16th birthday;
  • Have continuously resided in the United States since June 15, 2007, up to the present time;
  • Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  • Had no lawful status on June 15, 2012;
  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

The new and expanded DACA prerequisites, for which guidance will be published in February 2015, are:

  • Came to the United States before reaching age 16;
  • Has continuously resided in the United States since January 1, 2010, up to the present time;
  • Was physically present in the United States on January 1, 2010, and at the time of making the request for consideration of deferred action with USCIS;
  • Had no lawful status on November 20, 2014;
  • Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • Has not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.
Maney | Gordon | Zeller, P.A. - Tampa Immigration Lawyer
Located at 101 East Kennedy Boulevard, Suite 3170, Tampa, FL 33602.
Phone: (813) 221-1366.
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