NEW YORK - Telemundo 47 together with the Hispanic Federation, Coalition for Immigrant Freedom and La Casa de Don Pedro joined in a virtual forum to bring you the most up-to-date information on the Deferred Action for Arrivals program in the Children's Program (DACA).
This given the uncertainty that prevails around the immigration benefit after the latest events, both in court and the recent memorandum from President Joe Biden.
In this link we present a guide to clear up your doubts, whether you need to renew DACA or if it is the first time you are applying for the program.
The Hispanic Federation, Coalition for Immigrant Freedom and La Casa de Don Pedro offer various resources and assistance programs for DACA. You can contact them with any questions with the information provided below:
On January 20, when he took office, President Biden signed an executive action to preserve DACA. The memorandum calls on the Secretary of Homeland Security, in consultation with the US Attorney General, to take whatever actions he deems appropriate to strengthen the program.
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Although the Trump administration debated DACA and went to court to rescind the immigration benefit, on December 4, 2020, a federal court in New York ordered the Department of Homeland Security (DHS) to restore DACA to its original form.
The ruling means that:
- If the applicant has not benefited from DACA in the past, but meets the requirements, then they can apply for the program for the first time.
- Special Permission to Travel, known as Advance Parole , is restored in its entirety.
- Anyone who has received a one-year renewal of DACA automatically will have the protections extended to two years.
- The United States Citizenship and Immigration Services (USCIS, for its acronym in English) continues to accept renewals.
However, it is important to remember that DACA remains under threat. On December 22, a Texas court, led by Judge Andrew Hanen, held a hearing on the legality of the program. The magistrate has yet to issue an opinion on that hearing, but if he rules against it, DACA could again be at risk. There is no stipulated date, but the ruling could come at any time.
HERE YOU WILL FIND MORE INFORMATION IN SPANISH.
IMPORTANT FACTORS TO CONSIDER WHEN RENEWING DURING THE PANDEMIC
Confusion reigns over how the coronavirus pandemic could affect immigration policy. Some USCIS offices have begun to reopen to process pending applications, but most offices will reuse biometric data from previous DACA renewals.
Although it all depends on the local office, the applicant may receive a new appointment notice for their biometrics or a notice from USCIS that their biometrics will be reused.
If you do not receive an appointment notice or biometric reuse notice in the mail within 90 days of the local office reopening, then the applicant should contact 800-375-5283.
Open here for more information on reopenings or updates from USCIS.
WHO CAN RENEW DACA?
You can apply for renewal if you meet the initial 2012 DACA requirements.
- You have not left the United States without advance parole on or after August 15, 2012.
- You have continuously resided in the United States since you filed your most recent petition of DACA that was approved.
- You have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, or are not otherwise a threat to national security or national security public.
Please note that if you apply after the most recent DACA period has expired, but within one year of expiration, you may apply DACA renewal. If you are filing the petition after one year has passed since the most recent DACA period expired, you can still do so by filing a new initial petition.
HERE YOU CAN FIND MORE INFORMATION IN SPANISH.
WHEN DO I HAVE TO RENEW?
USCIS recommends that DACA recipients submit renewals between 150 days (5 months) and 120 days (4 months) from expiration. Filing the application before the 150 days may result in USCIS delaying the process until the due date is near.
Please note that even if you do not submit the completed renewal application at least 120 days before the expiration of DACA and the work permit, USCIS will still accept and process the application. But DACA can expire for several weeks or months, depending on how late you applied for the renewal.
WHAT SHOULD I EXPECT IF MY WORK PERMIT IS FOR ONE YEAR?
If you received a one-year work permit, your protections are automatically extended to two years. USCIS was ordered to provide evidence of the extension, but as of now that information has not been released to the public.
RENEWAL FEE
The fee for DACA renewals will remain at $495.
PROCESSING DELAYS
When submitting your DACA renewal, please be aware of processing delays due to the COVID-19 pandemic and other possible changes.
Currently, three USCIS service centers are handling DACA renewal cases, and application processing times (“wait times”) vary between service centers. For the latest information, see the USCIS Processing Times website https://egov.uscis.gov/processing-times/.
Because USCIS can take time to process renewal applications, it is recommended that you apply at least 150 days (5 months) before the DACA expiration date.
IMPORTANT. Given the uncertainty of what will happen with DACA, it is recommended that applicants consult with an accredited representative (in a registered non-profit organization) or an attorney before submitting the renewal, to discuss the benefits and risks involved.
WHAT FACTORS CAN CAUSE A LONGER APPLICATION PROCESSING TIME?
Certain factors, such as criminal arrests or convictions, will likely lead to increased processing time for your renewal application. If you have been arrested or convicted since you last renewed DACA, you should speak with an immigration legal expert before submitting a renewal application.
In addition, if you filed your DACA application early (that is, if you submitted it more than 150 days before it expired), USCIS may wait until the expiration date approaches to process the application.
Advocacy organizations note that "early" submission is subject to a 150-day delay, which means that USCIS stops reviewing an application when it determines that there are more than 150 days left before the immigration benefit expires and then revisit the application when there are less than 150 days left before the applicant's DACA expires.
IMPORTANT INFORMATION YOU MUST PROVIDE WHEN RENEWING
- Full name.
- Alien registration / USCIS number (A number).
- The application receipt numbers and receipt dates.
- The expiration date of DACA and the employment authorization document (EAD).
- Information you provided on the renewal application forms (I-821D and I-765). If you made copies of the forms before submitting them, keep them handy for reference.
The following are steps that can help in following up on a DACA renewal request.
WHAT TO DO IF THE PROCESS TAKES TOO LONG?
1. Check case status online
You can monitor the status of your case through the USCIS "My Case Status" online tool at https://egov.uscis.gov/casestatus/landing.do. You will need to enter the DACA application receipt number.
USCIS must provide you with a receipt for each application after you submit the renewal application.
The USCIS online case status tool can show that your renewal application has been approved before you receive a new EAD in the mail, so check your case status online regularly.
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You can also create a USCIS Electronic Immigration System (USCIS ELIS) online account to track the progress of your case at https://myaccount.uscis.gov/.
NOTE: Some users have reported problems using the USCIS tool. If you experience technical problems, you can contact USCIS online at https://my.uscis.gov/account/needhelp.
2. Consultation under the premise "Outside the normal processing time"
You can make an "outside of normal processing time" inquiry with USCIS at 1-800-375-5283 if your DACA renewal has been pending for 105 days (3.5 months). Unfortunately, USCIS is no longer accepting electronic inquiries about pending DACA requests at https://egov.uscis.gov/e-request/Intro.do.
To check what is considered normal processing time, visit https://egov.uscis.gov/cris/processTimesDisplayInit.do. Under "Service Center," use the drop-down menu to find the service center listed on your receipt notice, then look for "Form I-821D Renewal" processing times.
3. USCIS Office of the Ombudsman
Applicants should contact the Ombudsman's office only after consulting with USCIS about a delay. The Ombudsman's office recommends that you do not contact their office until you have completed steps 1 and 2 above.
The Ombudsman's office reviews cases and may be able to provide information about yours. You can file a DHS Case Assistance Form-7001 online with the USCIS Ombudsman at https://cisomb.dhs.gov/oca/form7001.aspx.
When you fill out the form, you must describe the effects that the delay will have on the processing of the DACA application. When you file the DHS-7001 form online, indicate on the form (a) the reasons you are applying (for example, if you are at risk of losing a current or future job), (b) the steps you have already taken taken to find out the status of your case, and (c) what the local USCIS office has told you about your case.
Once you have completed and submitted the online form, the system will issue an Ombudsman-specific case number. For further assistance, you may contact the office via email at cisombudsman@hq.dhs.gov.
4. Intervention of your representative in Congress.
Applicants who have not been successful in getting a response from USCIS or the USCIS Ombudsman may seek help from their congressmen, as representatives and senators have direct contact with USCIS.
Call the offices of your representative and senators and ask to speak to their immigration caseworker. You can find out who your congressmen are and get their contact information by entering your ZIP code at www.house.gov/representatives/find/ (to find your representative) and www.senate.gov/senators/index.htm (to find your senators).
Start by getting the contact information for the district or congressional field office (the closest office in your area). If you can't get help, you can contact the congressman's office in Washington, DC and follow that office's process to submit an inquiry about your case.
NOTE: Each congressional office has its own structure, and some matters may be handled only by a congressman's office in Washington, DC. If after calling the local office you feel you need more help, try calling the DC office for additional support. In either case, explain your problem to the caseworker, who can ask USCIS for information about your case.
5. Contact a legal services provider.
If you've followed all of the above suggestions, but still haven't received the information or help you need, it's a good idea for the applicant to contact a legal services provider. To find a legal services provider in your area, visit https://www.informedimmigrant.com/guides/daca-renewals-2020/.
1. REQUIREMENTS TO APPLY FOR DACA
- It is important to learn as much as you can about DACA to find out if you can apply for the first time.
- These are the criteria you must meet:
- You must have been under the age of 31 as of June 15, 2012.
- You must have entered the United States before 16 years of age.
- Having continuously resided in the country from June 15, 2007 to the present.
- Having been physically present in the country on June 15, 2012, and at the time you apply for DACA.
- Have not had legal status as of June 15, 2012
- Be enrolled in school (or have returned to school), graduated, obtained a certificate of completion (for example, GED) or be an honorably discharged veteran.
- Not have been convicted of a felony, significant misdemeanor, multiple misdemeanors, or pose a threat to the national security or public safety.
2. LEGAL ADVICE
It is recommended that you consult with an immigration attorney or a representative accredited by the Department of Justice before applying for the benefit. Legal counsel can help you weigh the benefits and risks of applying for DACA.
3. GATHER YOUR APPLICATION DOCUMENTS
Please carefully review the official USCIS instructions for collecting pre-application documents.
Below is a summary of what you will need. DO NOT send original documents, as they will not be returned:
- Two passport-style photos (for employment authorization application) with your name and date of birth written on the back.
- Copy of the biographical page of the foreign passport and any previous visas and I-94 cards (if available).
- Copy of original birth certificate and translation or current passport.
- Copy of all criminal court cases on file (if applicable) ).
- Every incident / arrest / police report.
- Every criminal complaint / charging document from the district attorney (or other prosecutor).
- Every record of final disposition of the criminal court. That is the judge's final decision in your case that sets the outcome after a settlement, trial, or dismissal.
- Copy of documents showing you completed all terms of probation/sentencing.
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- Copy of school records, such as:
- Proof of entry before the age of 16, continuous residence in the country since June 15, 2007, and presence on June 15, 2012, as:
4. DACA APPLICATION FEES
The total application fee for DACA is $495. Money orders and cashier's checks are recommended, but personal checks are accepted. Checks should be made payable to "U.S. Department of Homeland Security", this without abbreviations. Cash is not accepted.
Fee waivers are available, but only for people who meet income requirements.
FINANCIAL ASSISTANCE:
Contact local immigrant rights organizations and legal service providers to find out if you meet the waiver criteria.
5. DOWNLOAD THE CORRECT USCIS APPLICATION FORMS
USCIS will reject applications using outdated forms, so it is important to use current application forms. Visit the USCIS website to find the following forms in their current versions: (1) Form I-821D, (2) Form I-765; (3) Form I-765WS; and (4) Form G-1145.
6. FILL OUT THE APPLICATION ACCURATELY
See the instructions for USCIS Form I-821D which can be found here.
Tips for completing the application:
- Print your name and date of birth the same way on each form.
- Answer all questions completely and accurately.
- Provide all documentation and necessary supporting evidence.
- USCIS prefers that responses be typed on the form and then printed. If you are completing your form by hand, use black ink. If you make a mistake, start over with a new form
- Copy/scan the entire application for your records
- Label your photos with your full name and date of birth.
- Sign all forms.
7. CREATE A COVER LETTER
A cover letter is helpful so that the USCIS agent reviewing your application can review the package at a glance.
8. PREPARE AND SEND YOUR APPLICATION
When submitting the application, it is recommended that (1) the forms not be stapled together (it is best to use paper clips) and (2) that they adhere to the following order:
$495 fee
- Cover Letter
- Completed Form G-1145
- Completed Form I-821D
- Completed Form I-765 < li>Completed Form I-765WS
- Copies of any supporting evidence
The location of the USCIS facility receiving your application will vary depending on where you reside. Use the USCIS reference guide to find the correct location.
9. MONITORING THE STATUS OF AN APPLICATION
Electronic Notification Confirmation: If you filled out Form G-1145, you should receive a one-time electronic notification that USCIS received the application.
Paper Receipt Confirmation: You should also receive a paper receipt in the mail within 1-4 weeks of submitting your DACA application, even if you requested electronic notification.
You can track the progress of your DACA application online here. You can check the process on a regular basis by creating an account with my.uscis.gov and enabling push notifications.
10. ATTEND A BIOMETRIC APPOINTMENT
Within four (4) months of obtaining the DACA receipt, the applicant must receive an appointment notice to visit an Application Support Center (ASC) to collect biometric data. Be sure to bring a valid government-issued photo ID (for example, passport) to your appointment.
11. REQUEST FOR TEST (RFE)
If something is missing from your application, or if USCIS has questions, you will receive a “Request for Evidence” (RFE) in the mail. You will need to respond with additional evidence before the stated deadline date. If you ignore this request, your case will be automatically denied.
12. WAIT FOR NOTIFICATION OF DACA APPROVAL
Application processing time can take several months. You can track processing times for all DACA applications here.
Once you receive DACA approval, USCIS will issue you a work authorization card valid for two (2) years.
13. PREPARE FOR THE DACA RENEWAL
Remember that DACA is temporary and must be renewed every two years.