USCIS Ombudsman issues tips for DACA renewal applicants

The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) shared DACA renewal tips this week, urging applicants to file early and double check to make sure their applications are complete.

The Department of Homeland Security (DHS) is currently enjoined from adjudicating first-time DACA requests, but continues to process renewal requests. The CIS Ombudsman recommended that renewal applicants:

• File early. DACA renewals should be filed 120 to 150 days before the expiration date on their Form I-797, Notice of Action, and Employment Authorization Document (EAD).
• Check that their application is complete. Applicants should make sure that they (1) are submitting the most recent versions their DACA renewal form, EAD application form and accompanying worksheet. (2) have signed all forms; and (3) are paying the appropriate fee.
• Check processing times. USCIS processing times continue to fluctuate. Applicants can use USCIS’s Check Case Processing Times website for current timelines. Applicants should note that USCIS generally does not consider requests for expedited processing of DACA requests.

Additional Information: In July, a federal judge in Texas ruled that the DACA program was unlawful and enjoined the agency from adjudicating first-time requests, but not renewals. The Justice Department appealed the ruling earlier this month. DHS is in the process of issuing a regulation to strengthen DACA. The text of the proposed rule is not yet available.

BAL Analysis: To avoid additional delays, DACA beneficiaries are encouraged to follow the Ombudsman’s recommendations when submitting DACA renewal requests. For more information, please visit BAL’s DACA Resource Center here.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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