ICE-Granted DACA Renewal Guidance
This notice contains renewal information only for those individuals granted DACA by U.S. Immigration and Customs Enforcement (ICE) from June 15, 2012 until August 15, 2012, when USCIS started receiving requests. Our records indicate that this notice only applies to a small fraction of the DACA population. This notice does not apply to any individuals who received deferred action by making a request to USCIS using Form I-821D on or after August 15, 2012. In the coming months, USCIS will issue guidance about the renewal process for this group.
RE: Form I-797C, Notice of Action
Case Type: Form I-821D, Consideration of Deferred Action for Childhood Arrivals
We wish to inform you of your opportunity to renew Deferred Action for Childhood Arrivals (DACA). Our records indicate that U.S. Immigration and Customs Enforcement (ICE) deferred action under the DACA process in your case. If you wish to renew your deferred action for another two year period, you must submit Form I-821D, Consideration of Deferred Action for Childhood Arrival to U.S. Citizenship and Immigration Services (USCIS). This form must be completed, properly signed and accompanied by a Form I-765, Application for Employment Authorization (along with the accompanying filing fees for that form, totaling $465), and Form I-765WS.
If your previous period of deferred action expires before you receive a renewal of deferred action under DACA, you will accrue unlawful presence and will not be authorized to work for any time between the periods of deferred action. For this reason, USCIS encourages you to submit your request for renewal 120 days before your current period of deferred action under DACA expires.
An individual whose case was initially deferred under DACA by ICE may be considered for Renewal of DACA from USCIS if he or she:
USCIS will review your request to determine whether the exercise of prosecutorial discretion is appropriate in your case. Each case will be considered on an individual, case-by-case basis. Even if you satisfy the threshold criteria for consideration of Deferred Action for Childhood Arrivals, USCIS may determine, in its unreviewable discretion, that deferred action is not warranted in your case. You will be notified of the decision in writing. There is no motion to reopen/reconsider the decision and there is no right to appeal; however, USCIS may issue a Request for Evidence to obtain further evidence to demonstrate that you meet the guidelines.
For additional information on needed documentary evidence or to download the required forms, please visit www.uscis.gov/childhoodarrivals.
Last Reviewed/Updated: 02/20/2014