If an individual in Texas was receiving DACA benefits but failed to file their renewal prior to their DACA status expiring, they may still be eligible to file a renewal application, although they should consider consulting with a Texas immigration lawyer first. U.S. Citizenship and Immigration Services (USCIS) recommends that DACA recipients submit their request for renewal prior to their DACA period expiring to prevent them from falling out of status.
According to USCIS, even when an individual’s DACA status expires, the agency says they can still file a request to renew their status if they file within one year from the date their most recent DACA period expired. The agency also says that those who are filing more than one year after their most recent DACA period expired can also submit a new initial request.
Consult With An Immigration Attorney Before Submitting a DACA Renewal Request
Because USCIS does approve DACA applications on a case-by-case basis, it is recommended that those who have failed to file their renewal application in time consult with an immigration attorney. This can help save them time and money. A Texas immigration lawyer will not only review their circumstances to ensure they qualify for renewal, but they will also assist them with filling out their forms correctly and ensuring they are filed with the appropriate office.
If an issue arises, whether it stems from the late filing or something else, an attorney can intervene and help get the problem resolved.
How does an individual submit a renewal request for DACA?
If an individual is looking to submit a DACA renewal request, they will need to complete and sign the following forms:
- Form I-921D, Consideration of Deferred Action for Childhood Arrivals
- Form I-765, Application for Employment Authorization
- Form I-765W Worksheet
Those who are submitting a renewal request for DACA are not required to submit additional documents with their forms unless:
- They received documents related to removal proceedings.
- They were convicted of a crime or charged with a criminal offense that was not reported to USCIS when they initially filed.
The Law Office of J. Joseph Cohen Can Help an Individual File Their DACA Renewal Application
With so much uncertainty surrounding the DACA program and only more added to the mix for those who allowed their status to expire, it is a good idea for an individual who is looking to submit a DACA renewal request to retain an immigration lawyer in Texas who can help them. The Law Office of J. Joseph Cohen is an immigration law firm located in San Antonio that can answer any immigration-related questions an individual might have as well as determine if they qualify to submit a renewal application for DACA benefits.
The Law Office of J. Joseph Cohen can be reached at:
310 South St. Mary’s Street, Suite 2100
San Antonio, Texas 78205