How to Renew Your DACA in 2021

Check out this video from ILRC

 

Latest Update January 21, 2021  New!

On January 20, 2021, President Biden’s first day in office, the president signed an executive action to preserve and fortify DACA. President Biden’s memo asks the secretary of Homeland Security, in consultation with the Attorney General, to take all actions he deems appropriate to preserve and fortify DACA.

On December 4, 2020 a New York Federal court ordered the Department of Homeland Security (DHS) to restore DACA to its original form. This means:

Important to remember that DACA is still under threat.
On December 22 a Texas court, led by Judge Andrew Hanen, held a hearing on the legality of DACA. Judge Hanen has yet to publish an opinion on that hearing, but if the Judge rules negatively against the program, DACA could be at risk again. The ruling could come any day now.

DACA Class Action

You are automatically a member of the certified class if you are or will be DACA-eligible, and have not filed your own lawsuit challenging the Wolf memo. You are also automatically a member of the certified subclass if you have not filed your own lawsuit challenging the Wolf memo, and had an application for DACA - whether initial or renewal - pending with U.S. Citizenship and Immigration Services (USCIS) on any date between June 30 and July 28, 2020, and it was not adjudicated according to the original 2012 DACA memorandum.

Register for more information

USCIS Update Regarding COVID-19

There is a lot of confusion about how the coronavirus (COVID-19) pandemic might affect immigration policy. Some U.S. Citizenship and Immigration Services (USCIS) offices have begun to reopen. Most USCIS offices will reuse biometrics from previous DACA renewals, but depending on your local USCIS office you may receive a new appointment notice for your biometrics OR USCIS will reuse your biometrics information. If you do not receive an appointment notice or notification of biometrics reuse by mail within 90 days of your local office reopening, call 800-375-5283. For more information on USCIS reopenings or updates please visit the official USCIS website.

Things to Consider

We know this can be overwhelming but some things to also keep in mind while you consider renewing: 

Previously USCIS recommended that DACA recipients should file renewal’s between 150-120 days from expiration. Filing before the 150 days will cause USCIS to reject DACA renewal applications.

If you received a 1 year work permit, your protections are automatically extended to two years. USCIS has been ordered to provide evidence of the extension, but at this moment that information has not been provided.

If you are a DACA recipient that has had interaction with law enforcement or ICE you should consult an immigration attorney or a DOJ accredited representative prior to submitting a renewal application.

USCIS filing fees for DACA renewals will remain $495.

When submitting your DACA renewal take in consideration processing delays with the USPS considering COVID-19 delays and other possible changes. If you’ve already filed your DACA renewal request and are seeing delays, visit “Steps to Take if Your DACA Renewal Is Delayed.” 

How to Fund Your Renewal

Paying for the DACA and work permit renewal fee of $495 can be a barrier when deciding to renew. Take a look at some recommended financial resources and advice we adapted from our friends at the HomeIsHere campaign: 

  • Find help locally
  • Personal Fundraising
    • Start a personal fundraising page on GoFundMe, which launched an effort to help DACA recipients crowd fund for renewal fees.
    • Send letters and emails to select friends or family members. Template here.
    • Instead of gifts for your birthday, ask for money to help you pay for the renewal request. 
  • Institutional help
    • Talk to your employer and ask if they can cover the cost of your renewal fee to minimize the risk that your employment would be disrupted while awaiting a decision on your DACA and work permit renewal.
    • If you are a member of a faith group, reach out to your house of worship; they may be willing to help.
    • If you are a college or university student contact your Diversity & Inclusion, Dream Center, or financial aid office for emergency assistance programs. 
    • Apply to the Voto Latino pro bono project with King & Spalding LLP UndocuNeighbor initiative. 
    • Apply to the United We Dream DACA renewal fund.

Renewal Step-by-Step Guide

With Guidance from “How To Easily Renew Your DACA” created by United We Dream

The following information will help you prepare your filing, but should not be considered as legal advice and should not replace legal advice from an attorney or certified representative. Everyone’s case is different, which is why we strongly urge you to consider seeking out assistance from local non-profit organizations that provide free to low cost legal assistance. 

1. Find a renewal clinic, accredited rep., or immigration attorney who can assist you with your filing.

2. Find your previous renewal filing and use it as a guide as you complete your new renewal filing. You can cross-reference your old and new filings to ensure the information is consistent.

3. Make sure to download the correct and most current DACA request and work permit forms directly from USCIS. If a form is out of date, USCIS may reject your filing.
You will need to download and complete the following forms: 

4. Accurately fill out all forms. Remember to read all instructions on the forms thoroughly, and to double check your responses with the responses you included in your previous renewal filing so that the information is consistent. It is recommended that you fill out the forms digitally to make sure all information is readable. If you are filling them out by hand, make sure you write clearly with a black pen.

5. Create a cover letter. A cover letter includes a checklist of the items in the filing to help the USCIS officer easily see what they are about to review. Check out UWD’s cover letter template as a starting point.

    • Get your passport photo taken to include with the I-765 form, you will need two passport photos.

6. Purchase your money order from your local U.S. Post Office or bank—we strongly advise using a money order because USCIS does not accept cash. The money order should be for $495 and made out to “U.S. Department of Homeland Security” (do not use abbreviations like “DHS”). The $495 covers the biometric (fingerprint) and processing fees.

7. Photocopy your entire filing, including your money order and all supporting documentation, as well as any receipt for mailing your filing, and keep the copy in a safe place.

8. Package and send your DACA renewal filing. We recommend that your renewal packet be in the following order to make it easier for review:

  • $495 Money Order
  • Cover Letter
  • Completed Form G-1145
  • Completed Form I-821D
  • Completed Form I-765
    • Two passport photos- taken within 30 days of your filing
    • Copy of the front and back of your currently employment authorization document
  • Completed Form I-765WS
  • Copies of any supporting documentation.

Where should you send your renewal request? This depends on your location. USCIS has a quick reference guide on where to send your renewal request based on your location.

Tip: Do not staple your request together. This makes it harder for the review process and your filing could even be rejected by USCIS. Instead, use paper clips.

Tip: We also strongly advise that you mail using priority shipping that includes a tracking number. The USPS’ Priority Mail flat-rate envelopes are perfect for this.

After reviewing and double-checking your renewal filing for accuracy, and ideally upon final review by an attorney or legal representative, you are ready to send.

**IF you were arrested between your last DACA grant and now, you MUST go see an attorney before submitting your filing.**

Find a DACA Renewal Clinic Near You

FAQ

On December 4, 2020, the New York federal court ordered USCIS to begin accepting initial DACA applications. If you are eligible, apply now.

If you are eligible to renew your DACA, you should strongly consider gathering your paperwork, talking to an attorney or DOJ-accredited representative, and submitting your renewal application if your status expires within a year. USCIS is currently accepting renewal applications.

If you had DACA but your DACA expired more than a year ago, you can still renew but will need to file the renewal as if it were an initial application. You should strongly consider talking to an attorney or DOJ-accredited representative and begin gathering your paperwork. If it’s been less than a year since your DACA expired, then you can still file your renewal normally.

We understand that seeking assistance from a private attorney can be expensive for some. We recommend you find help from non-profit organizations that provide free to low cost legal assistance. An attorney at either a private firm or at a non-profit can ask you questions that will help them determine if you might be able to apply for another type of immigration status. An attorney can also best help you make a decision about renewing based on your individual circumstances.