DACA Renewal Guide 2023: Essential Steps and Deadlines

Updated on November 3, 2023
At a Glance: For DACA renewal, review the expiration on your Form I-797 and EAD, and apply 120-150 days before expiration to prevent lapses. To renew in 2023, set up a USCIS online account, gather and fill out Forms I-821D, I-765, and I-765WS, then submit online and pay the associated fees. Ensure you attend any biometrics sessions, await processing which can last up to 120 days, inquire if delayed over 105 days, and consistently check the USCIS website for any updates.

Are you looking to renew your DACA (Deferred Action for Childhood Arrivals) status in 2023? It’s crucial to stay ahead of the process to maintain your legal status in the United States. This step-by-step guide will walk you through the renewal process, key deadlines, and provide helpful tips to ensure your application is submitted without any hitches.

1. Determine Your Renewal Window

Your first step in the DACA renewal process is to check the expiration date on your Form I-797 and EAD (Employment Authorization Document). The U.S. Citizenship and Immigration Services (USCIS) recommends submitting your renewal request between 120 and 150 days before your current status expires to prevent any lapses in legality. Acting within this period is crucial for a smooth transition.

2. Steps to Renew Your DACA Status in 2023

Here’s your detailed guide to renewing your DACA status, with each step designed to help you navigate the process efficiently.

Step 1: Create a USCIS Online Account

Visit the USCIS website and set up an account if you haven’t already. This free account will be your hub for submitting forms, paying fees, and tracking your renewal application’s progress.

Step 2: Gather Required Documents

Prepare and fill out the Form I-821D, Form I-765, and Form I-765WS. These should be the latest versions available on the USCIS website. Don’t forget to compile any supporting documents that verify your continued eligibility for DACA.

Step 3: Complete Online Application

Through your USCIS account, choose to “File a DACA Renewal Request” and follow the prompts. Ensure that every section is completed and that all necessary supporting documents are uploaded.

Step 4: Pay Fees

The current fee schedule is available on the USCIS website. Make sure to pay the required fees online as part of your application submission process.

Step 5: Biometrics Appointment

Attend your scheduled biometrics appointment to provide fingerprints and photographs at your nearest ASC (Application Support Center).

Step 6: Wait for Processing

DACA renewal requests typically process within 120 days. Use your USCIS account to check the status of your application and stay updated.

Step 7: Submit an Inquiry (if needed)

Should your application exceed 105 days in processing time, submit an inquiry through your USCIS account for an update on your status.

Step 8: Be Mindful of Potential Delays

Be aware of factors that may affect the processing times of your renewal request and be prepared to respond to any requests for additional information.

Step 9: Keep Updated

Regularly check the USCIS website for the latest news and updates on the DACA renewal process.

Final Thoughts

By carefully following these steps and preparing your documentation meticulously, you can ensure a seamless DACA renewal process. Stay proactive, stay informed, and secure your presence in the United States with confidence.

Remember, this guide is intended to assist you with your DACA renewal in 2023. Always consult with a legal expert for personalized advice.

Learn More About DACA

FAQs on DACA Renewal

Below, you will find some common questions about DACA renewal in 2023 and their answers.

Can I file a renewal request outside the recommended filing period of 120 to 150 days before my current DACA expires?

USCIS strongly encourages you to file your renewal request within the recommended 120- to 150-day filing period to minimize the possibility that your current period of DACA will expire before you receive a decision on your renewal request. We will accept requests we receive earlier than 150 days before your current DACA expires; however, this could result in an overlap between your current DACA and your renewal. This means your renewal period may extend for less than a full 2 years from the date that your current DACA period expires.

What happens if I file less than 120 days before my current DACA expires?

If you file less than 120 days before your current DACA expires, there is more risk that your current period of DACA and employment authorization will expire before you receive a decision on your renewal request.

Can I file a renewal request after my DACA has expired, but within 1 year of its expiration?

If you file after your most recent DACA period expires but within 1 year of its expiration, you may submit a request to renew your DACA.

What if I want to file for DACA renewal beyond 1 year after my most recent period of DACA expired or if my DACA was terminated?

If you are filing beyond 1 year after your most recent period of DACA expired, or if your most recent grant of DACA was terminated at any time, you may still request DACA by submitting a new initial request.

How does the ongoing injunction affect DACA renewal requests?

An ongoing injunction from the U.S. District Court for the Southern District of Texas, extended to the DACA final rule, currently prohibits DHS from granting initial DACA requests and related employment authorization. However, DHS may grant DACA renewal requests under the final rule.

How does USCIS evaluate DACA renewal requests?

USCIS evaluates DACA renewal requests on a case-by-case basis. To be considered for DACA renewal, you must meet the guidelines, including continuous residence in the U.S., no felony convictions, and no threat to national security or public safety.

Do I accrue unlawful presence if my DACA expires before I receive a renewal decision?

Yes, if your DACA expires before you receive a renewal decision, you may accrue unlawful presence. This may apply unless you are under 18 years of age at the time you submit your renewal request.

What happens to my work authorization if my DACA expires before renewal?

If your DACA expires before you receive a renewal of deferred action, you will not be authorized to work in the United States, regardless of your age at the time of filing, until and unless you receive a new Employment Authorization Document (EAD) from USCIS.

Do I need to provide additional documents when requesting DACA renewal?

In general, you do not need to provide additional documents unless you have new documents related to removal proceedings or criminal history that you haven’t already submitted to USCIS in a previously approved DACA request. However, USCIS reserves the authority to request additional documents at its discretion.

Can I still request to renew my DACA if I’m no longer enrolled in school?

Yes, you can request DACA renewal even if you are no longer enrolled in school. The educational guidelines do not impact your eligibility for DACA renewal, provided you meet other requirements.

Can I request DACA renewal if I was under 31 on June 15, 2012, but have since turned 31 or older?

Yes, you can request DACA renewal as long as you were under the age of 31 as of June 15, 2012, when the DACA program was initially introduced. Age limitations have not changed for DACA renewal eligibility.

These FAQs should help provide clarity for individuals seeking to renew their DACA status.

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Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.