DACA Renewal Denial and Lapse of Authorized Period

What will USCIS do if my DACA and EAD expire before my DACA renewal application has been approved?

If you submitted your renewal application at least 120 days before your DACA and EAD expiration date, USCIS may provide you with temporary DACA and an EAD while it processes your application, if your DACA and EAD expire before your application is approved.

However, if you submitted your renewal application fewer than 120 days before the DACA and EAD expiration date, and they expire while USCIS is still processing the application, then you will likely lose your DACA status and employment authorization until USCIS makes a decision about the renewal application.

If this happens, you will no longer be lawfully present in the U.S. and will begin accruing unlawful presence, unless you were under age 18 at the time you submitted the renewal application. You will also be at risk of losing your employment, since you will no longer have legal authorization to work. Therefore, it is very important that you apply for renewal no later than 120 days before the expiration of your DACA and EAD.

Deferred Action Card

If my DACA renewal request is denied, what will happen? Will I be placed in deportation proceedings?

USCIS says that if your DACA renewal request is denied, generally they will not refer your case to ICE (the immigration enforcement authorities), unless your case involves a criminal offense, fraud, or a threat to national security or public safety.

 

If I have or had DACA and am in the process of adjusting to legal immigration status through another process (for example, through my U.S. citizen spouse), should I still apply to renew DACA?

You may apply for DACA renewal while simultaneously applying for another type of immigration relief. Whether it is worth applying for both is a determination you should make.  If you need help in assessing your situation, please feel free to call or email us for a free initial consultation.

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