The United States Department of Homeland Security (DHS) announced new DACA procedures on January 4th, 2021. The DHS stated that for I-9 purposes, Deferred Action for Childhood Arrivals (DACA) recipients may present an unexpired Employment Authorization Document (EAD) with Code 33 issued on or after July 28, 2020. They also may present an I-797 Extension Notice that shows an additional one-year extension.
Are New Initial Applicants Being Accepted for DACA?
After the U.S. Supreme Court ruled that DACA had not been properly terminated, Homeland Security stated that until the DACA review has been completed, DACA would be restricted. However, federal judge Nicolas G. Garaufis ruled that the DHS’s order was invalid and that a new order would be implemented. Therefore, the United States Citizenship and Immigration Services (USCIS) has implemented the following changes to DACA:
- They are accepting first-time requests for deferred action;
- They are accepting renewal requests for deferred action;
- They are accepting applications for advance parole documents;
- They are extending one-year grants for deferred action to two years; and
- They are extending one-year employment authorization documents to two years.
When Should I Renew?
It is recommended that DACA recipients file for renewal between 150 to 170 days from the expiration date. Filing before the 150 days may cause the USCIS to reject DACA renewal applications. You should speak with an experienced attorney before renewing your application to ensure it meets new requirements.
Miami Immigration Attorneys
If you want to apply for DACA for the first time, or you need help renewing your application, our team at Revilla Law Firm, P.A. is here to help you. Our Miami immigration lawyers have helped families and individuals with a wide range of immigration cases. We have helped our clients understand complex immigration laws and guided them through their cases. If you need help with your DACA case, our team is here to help you.