What if I no longer meet the DACA guidelines. Can I still apply and not disclose that information, since the renewal application does not ask for it?
Yes. Neither the DACA application form nor the instructions ask for information about continued school enrollment or graduation. The instructions for renewal applications specify that a person may be considered for DACA renewal if he or she met the guidelines for consideration of initial DACA and:
- did not depart the U.S. on or after August 15, 2012, without advance parole;
- has continuously resided in the United States since submitting the prior DACA application;
- has not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and is not a threat to national security or public safety.
However, as mentioned above, USCIS may ask you for additional information as well as for documents to verify the information on your DACA renewal application.
If you have any questions or concerns about your DACA renewal application, contact JCS Immigration and Visa Services for a free initial consultation. Our experienced immigration attorneys are ready to help you today!
What if I am older than 31, have dropped out of high school, or have not enrolled in college? Would I still be eligible for a DACA renewal?
Each case is as unique as you are as an individual. For more information on some commonly asked questions, please read more in our section on DACA eligibility. If you would like to renew your DACA, and have specific questions about your case, please contact JCS Immigration and Visa Services for your free initial consultation with one of our experienced immigration lawyers.
If I initially received DACA and was under age 31 on June 15, 2012, but have since become older than age 31, can I still apply to renew?
Yes. Eligibility for DACA renewal is not limited to people who currently are under age 31. You cannot “age out” of eligibility for DACA if you were born after June 15, 1981.
Do I have to submit updated information and evidence about how I meet the educational guideline?
No. You do not need to include evidence or information related to the educational requirement with your renewal application. Note, though, that USCIS may ask you for additional documents, including school records that show how you meet the DACA guidelines. If you need help in applying for your DACA renewal or need help in gathering your evidence and documents, please call JCS Immigration and Visa Law Office for confidential and expert legal counsel.
Do I have to be in college in order to be eligible for DACA renewal?
No. You do not have to be enrolled in college to be eligible for DACA renewal. As a reminder, DACA is not the same as the proposed federal “DREAM Act,” whose eligibility criteria would include college enrollment or military service.
Do I have to be currently working in order to be eligible for DACA renewal?
No. You do not need to have a job in order to be eligible for DACA renewal. Therefore, you do not need to submit evidence of employment as part of your renewal application.
If I have been arrested or convicted of an offense, or have had other interactions with law enforcement since receiving DACA, what should I do?
Here are some suggestions for what you can do before applying for renewal if you have had interactions with law enforcement since first receiving DACA:
- Get a background check. USCIS requires that applicants for DACA renewal submit proof of the disposition of (what has happened with respect to) any criminal arrests, charges or convictions.9
- Complete a “live scan” (electronic fingerprinting), if it’s available in your state. For example, if you have lived only in California and are sure that you have not had any arrests or contact with law enforcement in any state other than California, you can complete the California “live scan.” Visit http://oag.ca.gov/fingerprints to find locations and information about the California process. Other states may have similar processes.
- Request an FBI criminal background check. The instructions for requesting an FBI criminal background check are at www.fbi.gov/about-us/cjis/criminal-history-summary-checks.
- Request your file from the court, if you have had to appear in criminal court. WARNING: If you have an outstanding warrant, you may be arrested if you go to court in person to request your file.
Criminal charges or convictions can have very serious consequences for your immigration case. It is absolutely imperative that you speak to an experienced immigration attorney if you think you may have had contact with the police and you are subject to criminal charges. Contact our experienced Los Angeles immigration attorneys at JCS Immigration and Visa Law Office.