Daca Extensions Now Possible

Recently, on June 4, 2014, the Department of Homeland Security came out with a new seven- page form to apply for an extension of DACA for two years. This form is accompanied by 14 pages of instructions.

Along with this form, a person will be eligible to apply for renewal of his/her work authorization (Form I-765). This document can be submitted up to four months prior to the DACA expiration, which we strongly suggest to prevent any lapse of the employment authorization. Based on our past experience, it could take three, four or even more months before the USCIS gets around to adjudicating the extension request. Employers are required to terminate an employee upon the expiration of his/her work authorization, unless s/he can present a new work authorization document. So, if his/her work authorization expires and s/he has not received a new one, legally, the employer is supposed to terminate the employment.

A person may file for DACA extension if s/he continues to meet the initial criteria, as well as the following three criteria:

  • Has not departed the United States after August 15, 2012 without advance parole;
  • Has continued to live in the United States since s/he submitted the initial DACA request; and,
  • Has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors.

It is also important that a person not otherwise pose a threat to the national security or public safety.

Our initial fee to prepare and file the initial DACA request is $1,200. If we filed your first one, many of the questions on the renewal form are the same, which, among other things, since we do not need to develop the whole case again, that saves time. Our basic fee for the renewal is $750 and a filing fee of $465.

If you would like us to represent you in this extension, please contact our office at (650) 588-7100 about five to six months prior to the expiration of your DACA permission.