Steps to Take if a Request for DACA Renewal Is Delayed

 Posted on December 06, 2019 in Immigration

The topic of immigration can be confusing, especially with all the terms associated with the legal process. Under U.S. immigration law, DACA stands for Deferred Action for Childhood Arrivals. DACA is a policy that allows certain people who are in the United States unlawfully (after coming to the country as children) to receive a renewable two-year period to defer deportation and become eligible for a U.S. work permit. The current administration announced the rescission of DACA in 2017. However, some illegal aliens are still able to renew their applications through federal court orders that have allowed USCIS to resume accepting requests. It is important to note that USCIS will not accept requests from individuals who have never before been granted deferment under DACA.

Who Is Eligible for DACA?

DACA began under the Obama administration in 2012. Individuals who meet the following criteria can apply for DACA:

• Under 31 years of age as of June 15, 2012
• Came to the United States while under the age of 16
• Have continuously resided in the country from June 15, 2007, to the present
• Are currently in school, have a high school diploma or GED, or was honorably discharged from the Armed Forces or Coast Guard
• Have not been convicted of a felony offense or more than three misdemeanors
• Do not pose a threat to national security or public safety

The Future of DACA

Although the current White House administration put a stop to DACA in 2017, advocates and states filed lawsuits challenging the decision. In January of 2018, the first federal court to consider the issue entered a preliminary injunction that allowed persons who have or had DACA to apply for renewal of their protections. The future of DACA remains uncertain, as federal courts have agreed that the termination of DACA was likely unlawful.

DACA Renewal

If a person submits a DACA renewal application, he or she may be worried that his or her DACA and work authorization have expired or will expire before renewal. USCIS suggests that requestors submit a completed renewal application at least 150 days but no later than 120 days before their current DACA and employment authorization documents (EAD) expire.

Consider following the steps for obtaining information about the status of a DACA renewal application:

1. Check the status of the renewal online: Individuals can monitor their case’s status by using USCIS’s online “My Case Status” tool and entering the receipt number of the application.
2. Submit an “Outside Normal Processing Time” inquiry through the National Customer Service Center (NCSC): If a DACA renewal application has been pending for 105 days, requestors can call this service.
3. Contact the USCIS Ombudsman’s Office: The Ombudsman reviews cases and may be able to provide information on the status of pending renewal requests.
4. Contact your local representative in Congress: Ask to speak to an immigration caseworker.
5. Contact the National Immigration Law Center (NILC) or the Immigrant Legal Resource Center (ILRC): If the above steps do not provide the needed information, emailing the NILC or ILRC may help.

Those individuals who are seeking renewal should be prepared to provide information about their case, the reason for calling, as well as name, A-number, receipt numbers and dates, type of case, and any other pertinent information.

Contact an Illinois Immigration Attorney

The various stages and steps in the immigration process can be intimidating to someone who has never gone through it. DACA is one program that provides relief for eligible immigrants. If you or your loved one qualifies for DACA renewal, it is important to seek professional legal counsel. Our accomplished Illinois immigration attorneys understand the required legal steps and what it takes to obtain a positive outcome. At the Mevorah & Giglio Law Offices, we have years of experience in handling various types of immigration cases from start to finish. Call our office today at 630-932-9100 to schedule your free consultation.