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If you are currently protected by the Deferred Action for Childhood Arrivals (DACA) program, you know there has been litigation about whether the program will continue. The current administration has attempted to cancel the program and leave it to Congress to address the issue.

However, several federal courts have ruled that the effort to unilaterally shut down the program was unlawful. Those courts have ordered the U.S. Citizenship and Immigration Services (USCIS) to continue processing DACA renewals but not to allow new people into the program. The USCIS is, therefore, still processing DACA renewals, and you should consider renewing right away.

Why apply now when you still have time on your deferred action grant? The question of whether DACA can legally be canceled is currently before the U.S. Supreme Court. The high court may issue a ruling in the case as early as spring 2020.

If the high court determines that the administration can cancel DACA, the chance for renewal could disappear abruptly. However, it is likely that those who have already renewed their status will be allowed to keep it, at least temporarily. Therefore, it is in your best interest to apply for your DACA renewal right away, even if you could wait.

Who can apply for a DACA renewal?

You can request a DACA renewal as long as you are currently enrolled in the program and:

  • You have not left the United States on or after August 15, 2012, without advance parole, and
  • You have resided in the U.S. continuously since your most recent DACA approval, and
  • You have not been convicted of any felony, a significant misdemeanor, or any three or more misdemeanors, and you pose no threat to national security or public safety

How to apply for a DACA renewal

There are two forms and a worksheet required to apply for a DACA renewal:

  • The most current version of Form I-821D
  • Form I-765 (Application for Employment Authorization)
  • Form I-765W worksheet

There is a $495 fee to petition for a DACA renewal, and that fee cannot be waived.

Your petition for a DACA renewal is high-stakes. You can’t afford to make a mistake that could result in a denial. Before you attempt to fill out these forms on your own, you should contact an experienced immigration law attorney who can ensure the process is completed correctly and on time.

Do not wait to renew your DACA until it is too late. Contact Yew Immigration Law Group for help. We have years of experience helping people with immigration issues including DACA renewals.

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