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Important Information for Some DACA Recipients Who Received Three-Year* Work Authorization: Fact Sheet
If you are a DACA recipient who received a three-year Employment Authorization Document (EAD) after February 16, 2015, it was likely mistakenly issued and must be returned.
Approximately 2,100 DACA recipients were issued three-year Employment Authorization Documents, rather than two-year EADs, afterthe February 16, 2015, court injunction was in place. USCIS has taken action to correct this issue for these individuals and has updated their records to reflect a two-year period of deferred action and employment authorization. USCIS has re-issued and mailed the corrected two-year EADs to these individuals. USCIS has also notified these individuals that the three-year EADs are no longer valid and must be immediately returned, along with any related approval notices. USCIS is carefully tracking the number of returns of these invalid EADs and continues to take steps to collect the remaining cards. Read more →
“Despite the acrimony and partisanship that now exists in Washington, almost all of us agree that a child who crossed our border illegally with a parent, or in search of a parent or a better life, was not making an adult choice to break our laws, and should be treated differently than adult law-breakers,” said Secretary Johnson. “By the renewal of DACA, we act in accord with our values and the code of this great Nation. But, the larger task of comprehensive immigration reform still lies ahead.”
The first DACA approvals will begin to expire in September 2014. To avoid a lapse in the period of deferral and employment authorization, individuals must file renewal requests before the expiration of their current period of DACA. USCIS encourages requestors to submit their renewal request approximately 120 days (four months) before their current period of deferred action expires.
DACA is a discretionary determination to defer removal action against an individual. Individuals in DACA will be able to remain in the United States and apply for employment authorization for a period of two years. Individuals who have not requested DACA previously, but meet the criteria established, may also request deferral for the first time. It is important to note that individuals who have not continuously resided in the United States since June 15, 2007, are ineligible for DACA.
Individuals may request DACA renewal if they continue to meet the initial criteria and these additional guidelines:
- Did not depart the United States on or after Aug. 15, 2012, without advance parole;
- Have continuously resided in the United States since they submitted their most recent DACA request that was approved; and
- Have not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
The renewal process begins by filing the new version of Form I-821D “Consideration of Deferred Action for Childhood Arrivals,” Form I-765 “Application for Employment Authorization,” and the I-765 Worksheet. There is a filing and biometrics (fingerprints and photo) fee associated with Form I-765 totaling $465. As with an initial request, USCIS will conduct a background check when processing DACA renewals.
USCIS will also host both national and local DACA informational sessions. USCIS will provide further information on these sessions during which USCIS officials will provide additional information on the DACA process and be available to answer your questions. For information on local DACA engagements, please visit www.uscis.gov/outreach.
To learn more about the renewal process or requesting initial consideration of DACA, visit www.uscis.gov/childhoodarrivals or call the USCIS National Customer Service Center at 1-800-375-5283.
On June 15, 2012, the Obama Administration announced that it would offer many DREAM Act-eligible youths protection from deportation. These youths, whether or not they are currently in deportation proceedings, will be able to apply for “deferred action,” which would temporarily shield them from deportation and enable to live and work legally in the US.
Five criteria to be met
- They must have come to the US before they turned 16;
- They must have not yet turned 30 when they apply;
- They must have continuously resided in the US since June 15, 2007, and must have been present in the US on June 15, 2012;
- They must currently be in school, have received a high school diploma or GED, or been honorably discharged from the US Armed Forces or the Coast Guard;
- They must not have been convicted of a felony, a “significant misdemeanor,” multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety. Anyone applying for deferred action would need to go through a criminal background check.
Anyone who wants to apply should seek help only from immigration attorneys or non-profit organizations that work on immigration matters.
Find a free legal clinic in Chicago where you can get help filing your application.