DACA is back at the Fifth Circuit Court of Appeals. Keep up-to-date with the Texas v. United States DACA case by visiting our DACA Court page.
Starting April 1, 2024, USCIS will increase filing fees for many applications for immigration benefits. This includes DACA renewals and advance parole.
CURRENT:
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AFTER APRIL 1st 2024:
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Electronic Filing
I-765 Work Permit: $410 I-821D DACA renewal: $85 Total Cost: $495
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Electronic Filing I-765 Work Permit: $470 ↑ I-821D DACA renewal $85 NEW total cost: $555
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Paper Filing
I-765 Work Permit: $410 I-821D DACA renewal: $85 Total cost: $495 |
Paper Filing I-765 Work Permit: $520 ↑ I-821D DACA renewal: $85 New total cost: $605 |
We know this can be overwhelming but some things to also keep in mind while you consider renewing:
USCIS encourages you to submit your DACA renewal request 4 to 5 months before the expiration date. Filing during this window reduces the risk that you fall out of status. Submitting a renewal earlier than 5 months ahead will not speed up the process.
DACA is facing legal challenges at the Fifth Circuit Court of Appeals. Because of this, DACA might come to an end or see major changes soon. While things are uncertain, it is important to renew your DACA within the suggested 4 to 5 month period. By renewing early in this time frame, you can make sure your application is processed while DACA renewals are still being accepted.
If you are a DACA recipient that had interaction with law enforcement or ICE, you should consult an immigration attorney or a DOJ-accredited representative prior to submitting a renewal request.
On April 1, 2024 many USCIS filing fees will go up. The fee to apply to renew your DACA and work permit will increase from $495 to either $555 (for online filings) or $605 (for paper filings).
If you’ve already filed your DACA renewal request and are seeing delays, visit “Steps to Take if Your DACA Renewal Is Delayed.” USCIS encourages you to submit your DACA renewal request 4 to 5 months before the expiration date. Filing during this window reduces the risk that you fall out of status.
The following information will help you to prepare to file either online or by mail, 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 or visit our DACA renewal help page to see renewal clinics near you.
With Guidance from “How to Easily Renew Your DACA in 2022” created by United We Dream.
DACA renewals can now be filed online. Current DACA recipients must first create a USCIS online account in order to file Forms I-821D (DACA) and I-765 (Work permit) online. The online account provides a quick and easy method of submitting forms, paying fees, and tracking the status of USCIS applications.
Find your previous renewal filing and use it as a guide to complete your new renewal filing. You can cross-reference your old and new filings to ensure the information is consistent. But make sure the information you provide on your new renewal filing is updated. For example, if you recently moved, make sure your current physical and mailing address is listed on your DACA renewal form.
Once you set up your USCIS account, login and click on the “Menu” option in the top right hand corner. Under “Account Actions” you will see an option to file a form online.
You can file the following forms online:
Use your previous DACA renewal application to guide you through filling out the online forms. If you do not have a copy, fill out the application to the best of your ability or we strongly urge you to consider seeking out assistance from local non-profit organizations that provide free to low-cost legal assistance. See here for DACA renewal clinics near you.
USICS will automatically save your responses when you navigate to another section of the form. They will save your information for 30 days from the last day you worked on the forms. If you do not work on your application after 30 days, they will delete your data in order to prevent storing personal information indefinitely.
Here are instruction guides for help filing Form I-821D and Form I-765.
After you complete and sign Form I-821D and Form I-765, you will need to pay the $555 fee (I-821D $85, I-765 $470). USCIS will direct you to the Department of Treasury site, pay.gov, to pay your fees online. You will be able to pay through the following methods:
Once you’ve paid the application fee, you will be able to upload supporting evidence and documents.
After carefully reviewing your application for accuracy, make a copy of your application for your records and submit your renewal!
Track Your Case Online. You can come back to your USCIS account to check on the status of your renewal. USCIS has started to request biometrics for certain cases again, therefore ensure that you keep track of your application status in case they request your biometrics. Failure to show up for your biometrics appointment could result in delay or denial of your renewal application.
You may encounter some questions that weren’t on the paper applications. Below are some helpful ways to answer, if you are unsure how you should answer please speak to an attorney or DOJ-accredited representative.
There is currently no category for DACA. No Lawful Status (NLS) would be the most appropriate option for a DACA recipient filing their I-765.
The most common answer is “no”. The overwhelming majority of applicants are granted DACA by USCIS. ICE granted DACA to a small number of noncitizens who were in detention when DACA was first announced, in June 2012.
To qualify for DACA, you must have been out of status on June 15, 2012. If you never had lawful status or if you don’t know whether you ever had lawful status, you may wish to respond with, “no lawful status.” If you entered the United States using a visa and your status had lapsed by June 15, 2012, you may wish to respond with, “status expired.” If you have copies of your previous DACA application forms, you should review your answer to this question to remain consistent.
Stay away from immigration “consultants” that are not licensed or accredited to provide you with immigration services. Check out this fraud prevention resource.
With Guidance from “How To Easily Renew Your DACA” created by United We Dream
Find a renewal clinic, accredited rep., or immigration attorney who can assist you with your filing.
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. But make sure the information you provide on your new renewal filing is updated. For example, if you recently moved, make sure your current physical and mailing address is listed on your DACA renewal form.
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:
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.
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.
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 $520 for Form I-765 (work permit) and a separate check for $85 for Form I-821D (DACA renewal). It should be made out to “U.S. Department of Homeland Security” (do not use abbreviations like “DHS”).
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.
Package and send your DACA renewal filing. We recommend that your renewal packet be in the following order to make it easier for review:
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.**
Paying the DACA renewal fee 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:
As of June 16, 2021, USCIS will no longer process new DACA requests though they will receive them and hold them. Here is what they say: “USCIS is continuing to accept initial DACA requests. If you file an initial DACA request with USCIS on or after July 16, 2021, you will receive a receipt notice, and USCIS will process your payment. However, USCIS will not adjudicate your request while the court order remains in effect.”
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 request if your status expires within a year. USCIS is currently accepting renewal requests.
If it’s been less than a year since your DACA expired, then you can still file your renewal normally. Don’t let your DACA lapse.
If you had DACA but your DACA expired more than a year ago, you will need to file the renewal as if it were an initial filing. However, the Texas judge’s order does not allow USCIS to actually process any initial DACA requests, which includes someone who files an initial request because their DACA expired over a year ago. While USCIS has indicated it will accept initial DACA requests, it will not be able to process your filing. You should strongly consider talking to an attorney or DOJ-accredited representative and begin gathering your paperwork.
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 determine if you might be able to apply for another type of immigration benefit. An attorney can also best help you make a decision about renewing based on your individual circumstances.
Stay away from immigration “consultants” that are not licensed or accredited to provide you with immigration services. Check out this fraud prevention resource.
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