On May 13, 2024, the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) sent out this stakeholder message:
If you need to renew your Deferred Action for Childhood Arrivals (DACA), the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) encourages you to file your DACA renewal request as early as possible.
- USCIS recommends you submit your DACA renewal request 150 to 120 days (four to five months) before the expiration date on your current DACA approval notice (Form I-797, Notice of Action) and employment authorization document (EAD).
- Filing your renewal request during this timeframe reduces the risk that your current DACA and employment authorization will expire before USCIS makes a decision on your renewal request. Filing earlier than 150 days before your current DACA expiration will not result in a faster decision.
- File your renewal request online.
- Filing online allows you to track your case, respond to requests for evidence electronically, and communicate with USCIS through your online account. It may also save you money.
- Make sure your request is complete. Before submitting your request:
- If you are submitting a paper form, make sure you use the most recent versions of Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization and the Form I-765 Worksheet. A new edition of Form I-765 went into effect on April 1, 2024.
- Review all the forms to ensure that you have signed them.
- Confirm you are paying the appropriate fees. As of April 1, 2024, the Form I-765 filing fee increased to $520 if you file the paper form and $470 if you file online. The Form I-821D filing fee will remain $85. If filing a paper form, include separate checks or money orders for the Form I-765 and Form I-821D filing fees.
- Check USCIS’ processing times. Please visit USCIS’ Check Case Processing Times page to check its processing times for Form I-821D and Form I-765.
- Remember, USCIS will not adjudicate your DACA-based Form I-765 until after it makes a decision on your Form I-821D DACA renewal request.
- You may request an expedite of your DACA renewal request in emergencies or unforeseen circumstances. Please see USCIS’ Immigration Relief in Emergencies or Unforeseen Circumstances page.
Why this matters
DACA renewals and the associated EAD renewals represent a sizeable workload for USCIS. Filing within the recommended timeframe reduces the risk that your current period of DACA and employment authorization will expire before you receive a decision on your renewal request.
If you file more than one year after your current DACA expires, USCIS considers it an initial request and not a renewal. While USCIS is accepting initial DACA requests, recent court rulings prohibit USCIS from approving them at this time. Therefore, you may submit an initial request by mail, but all initial DACA requests are on hold and USCIS will not adjudicate them at this time.
More information
For more information on DACA, go to USCIS’ Consideration of Deferred Action for Childhood Arrivals (DACA) and Frequently Asked Questions pages. For information about current court cases affecting DACA, go to the agency’s DACA Litigation Information page.
The CIS Ombudsman is committed to working with stakeholders and USCIS to address concerns related to DACA. We will share additional updates on this topic when available.