IMPORTANT UPDATE – PLEASE READ (as of November 19, 2020) – Here’s what you need to know about DEFERRED ACTION FOR CHILDHOOD ARRIVALS:

On June 18, 2020, the Supreme Court of the United States (SCOTUS) ruled that the Trump administration’s attempt to end the Deferred Action for Childhood Arrivals (DACA) program was unlawful. This is a huge victory for our clients and community! DACA recipients continue to be protected from deportation and eligible for benefits such as work authorization. Please read EBCLC’s statement about the DACA decision and our commitment to undocumented community members for more information about our next steps.

While the SCOTUS decision should have restored the DACA program in its entirety, the Trump administration has substantially limited the program, as announced in a July 28, 2020 Memorandum from the Department of Homeland Security (DHS). However, on November 14, 2020, a federal district court found that this memorandum was issued without legal authority, invalidating the Trump administration’s attempt to restrict DACA. This is a big win! You can read more about the legal case and the latest developments on the National Immigration Law Center’s (NILC) website here and here

We expect the federal district court to issue a ruling shortly after December 1, 2020, requiring the DHS to take specific action on DACA. The DHS should—but has not yet been ordered to—restore DACA entirely, including reopening DACA to first-time applicants, granting two years of DACA and work authorization to DACA recipients, and making Advance Parole available without restrictions to DACA recipients. For now (as of November 19, 2020), there are no immediate changes to DACA processing, and U.S. Citizenship and Immigration Services (USCIS) will:

  1. Reject all first-time DACA applications from individuals who have not received DACA in the past; 
  2. Reject all advance parole applications from current DACA recipients except where there are “exceptional circumstances”; and
  3. Shorten the DACA renewal and work authorization period from two years to one year. Individuals who currently have DACA or had DACA at some point in the past may continue to renew their DACA and work authorization, but will need to renew annually. 

There will be changes to the DACA program in the upcoming months. Check back for updates. You can also check the NILC website or the NILC Twitter for the latest updates. Click here for the latest DACA Frequently Asked Questions (August 2020) from the Immigrant Legal Resource Center (ILRC).

First-Time DACA Applicants: All eligible individuals should speak to a legal advocate about applying for DACA for the first time. As of November 19, 2020, first-time DACA applications are not currently being accepted—but we expect this to change in the upcoming months and are waiting for guidance from USCIS. In general, it is always a good idea for undocumented individuals to be screened for DACA and other immigration remedies. You may be eligible to apply for DACA in the future if you: 

  1. Were born on or after June 16, 1981; 
  2. Came to the U.S. before you turned 16 years old;
  3. Have continuously resided in the U.S. since June 15, 2007 up to the present time; 
  4. Were physically present in the U.S. on June 15, 2012 and at the time you file your DACA application;
  5. Entered the U.S. without inspection, or your lawful immigration status expired as of June 15, 2012; 
  6. Are currently in school, have graduated high school, or obtained a GED;
  7. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors; and 
  8. Are at least 15 years old at the time you file your application, unless you are or were in removal proceedings.

DACA Renewals

UC Berkeley students who need assistance with their DACA renewals can use our online appointment system to book an appointment with the USP legal team/East Bay Community Law Center. We will prioritize DACA renewals that expire on or before February 20, 2021. If you cannot make one of these appointment times, or you have an urgent matter and no appointments are available, please contact the USP legal team at usplegal@ebclc.org. Feel free to reach out with any questions.

DACA Renewal Clinics

As of March 12, 2020,  we will continue to complete DACA renewals using remote options, including by phone and Zoom appointments. If you are scheduled for an upcoming DACA Renewal Clinic, EBCLC will reach out to you directly with remote options to complete your DACA renewal with us. Please email usplegal@ebclc.org if the sole reason for the appointment is a DACA renewal.

Biometrics (Fingerprinting) Appointments

On Monday, March 30, 2020, the U.S. Citizenship and Immigration Services (USCIS) announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the COVID-19 pandemic.

Allow Reuse of Some Biometrics

Applicants who had an appointment scheduled with an ASC on or after the March 18, 2020 USCIS closures or who filed an I-765 extension will have their application processed using previously submitted biometrics. This will remain in effect until ASCs resume normal operations.

Rescheduling Biometrics Appointments

If your biometrics appointment was scheduled before March 17, 2020 and you were unable to attend due to COVID-19, you can reschedule your appointment without penalty. Appointment notices contain instructions to reschedule appointments. Please contact your caseworker or usplegal@ebclc.org for assistance with rescheduling your biometrics appointment.

Additional Information and Resources

  • Follow DACA updates from the National Immigration Law Center here.
  • Click here for the latest DACA Frequently Asked Questions (August 2020). 
  • Read the full SCOTUS DACA decision here.
  • Read ILRC’s summary of the SCOTUS DACA decision here.
  • Visit the Central Valley Immigrant Integration Collaborative (CVIIC) Facebook page for discussion in Spanish about DACA and more: https://www.facebook.com/CviicFresno/

Last updated on 11/20/20.

What Is DACA?

Deferred Action for Childhood Arrivals (DACA) is a kind of administrative relief from deportation. The purpose of DACA is to protect eligible immigrant youth who came to the United States when they were children from deportation. DACA gives young undocumented immigrants: 1) protection from deportation, and 2) a work permit. For now, (as of November 19, 2020) the program expires after one year, subject to renewal.

What Are The Requirements For DACA?

  • You were under 31 years old as of June 15, 2012;
  • You first came to the United States before your 16th birthday;
  • You have lived continuously in the United States from June 15, 2007 until the present;
  • You were physically present in the United States on June 15, 2012 and at the time you apply;
  • You came to the United States without documents before June 15, 2012, or your lawful status expired as of June 15, 2012;
  • You are currently studying, or you graduated from high school or earned a certificate of completion of high school or GED, or have been honorably discharged from the Coast Guard or military (technical and trade school completion also qualifies); and
  • You have NOT been convicted of a felony, certain significant misdemeanors (including a single DUI), or three or more misdemeanors of any kind. Consult with an attorney about ANY contact you have had with law enforcement or immigration authorities.

What’s The Process to Renew My DACA?

All DACA renewals are being accepted by USCIS. Consult a qualified attorney before submitting any application to immigration authorities, particularly if you have had any contact with police or any unauthorized absences from the U.S.:

    1. Get Help: Don’t apply alone.
    2. Collect Evidence: See below for a detailed list of required documents. Remember to only send copies (not originals) of supporting documents.
    3. Complete Applications:
      • G-28 – Notice of Entry of Appearance As Attorney (Optional)
      • G-1145 – E-Notification (Optional)
      • Form I-821D – Consideration of Deferred Action for Childhood Arrivals;
      • Form I-765 – Application for a Work Permit;
      • Form I-765WS – Worksheet explaining your economic need to work; and
      • Copy of front/back of current Work Permit.
    4. Submit Applications: Include all supporting documents, two photos and fees. The fee is $495.00 (pay using a check or money order payable to Department of Homeland Security). If you are a UC Berkeley student, your application fees will be covered by USP. Mail to: USCIS Phoenix Lockbox, PO Box 20700, Phoenix, Arizona 85036-0700
    5. Background Check and Fingerprints: You will receive a receipt by mail that contains your receipt number and an appointment notice to get your fingerprints taken for a background check.
    6. Final Steps: Once you have been fingerprinted, you will receive either a letter asking for additional information (called a Request for Evidence) or a final decision. Approvals of  DACA renewals are sometimes received as quickly as five weeks, but often take a several months from the date of application.

How do I Apply for DACA if it’s my First Application Ever?

This recent Supreme Court decision restores the program completely, and both initial and renewal applications should be accepted by USCIS. However, at the present moment it does not appear that USCIS is accepting initial applications. We are waiting to hear more information from USCIS before submitting initial applications. Please check back with us for more information before scheduling an appointment with the USP legal team/East Bay Community Law Center. 

LIST OF DOCUMENTS FOR AN INITIAL APPLICATION:

Below is a list of documents you should have submitted with your first DACA application:

Proof of Identity and Date of Birth

  • Birth Certificate
  • Passport
  • Consular I.D./National I.D./Cédula
  • California ID
  • School ID

Proof That You Were Physically Present in the U.S. on 6/15/2012

  • A verifiable, formal document with your name and the date 6/15/2012; or
  • An official document with your name and a date just before 6/15/2012, and another dated just after 6/15/12.
    (Examples: school records, pay check stubs, bank statements, credit card receipts, etc.)

Proof You Had 5 Years of Continuous Residence in the U.S. (June 2007 – Present)
(If you don’t have school records/transcripts showing that you were present in the U.S. continuously for the past 5 years, provide 1 document for every three months from June 2007 through to the present month).

  • School Records
  • Financial Records (taxes, bank statements, credit card bills, rent receipts, utility bills, phone bills)
  • Employment Records (pay stubs)
  • Medical Records (physicals, vaccination records, prescriptions, dental records, etc.)
  • Other records: religious certificates, volunteer records, personal statements, etc.

Proof You Are In School, Have a High School Diploma/GED, or Were Honorably Discharged from the Military

  • School Transcript or Report Cards if currently studying;
  • High School Diploma or GED Certificate; or
  • Military Discharge Papers

Proof That You Entered the U.S. Before the Age of 16

  • School Records
  • Medical Records (vaccinations, physicals, etc.)
  • Expired Visa, I-94 card, or Passport with Entry Stamp
  • Discuss other forms of proof with a legal advisor

Proof That You Are Not Ineligible Due to a Criminal Conviction or a Threat to National Security/Public Safety

  • All applicants will be fingerprinted and subject to a background check of all police, juvenile, and immigration records. If you have ever had contact with the police or immigration authorities, get a copy of your records to review with an attorney before applying for DACA. We can explain how to do this. (Examples: criminal court records, juvenile court records, driving record from DMV, state criminal background check results, FBI background check results, etc.)

Passport Photos

  • Two passport-size color photos.

DACA RENEWAL

WHO CAN APPLY FOR DACA RENEWAL?

You can apply to renew your DACA if you currently have DACA, if you previously had DACA but it’s expired, or if you had DACA and it was terminated.

You are still eligible for DACA renewal even if:

  • You are now over 31. You cannot age out of the program.
  • You have graduated or are studying at a different school or program.

WHEN TO APPLY FOR DACA RENEWAL?

USCIS is now accepting renewal applications that will expire no more than 150 days prior to the expiration date of their current DACA. If you apply for renewal in this time range, you should receive an approval notice and new work permit before your current one expires.

It is important to apply for renewal on time to avoid losing protection from deportation, being without valid work authorization, and accruing unlawful presence once your Deferred Action relief expires.

As there are ongoing lawsuits around DACA, there is some uncertainty about what will happen to DACA in the end. For now, DACA renewals are being accepted and new initial applications for DACA are not being accepted at this time. The Supreme Court did not “stay” any of the lower court orders, which means that DACA recipients who currently have or previously had DACA can continue to submit applications to renew their DACA. Please check our website for the latest developments and reach out to the USP Legal Team through usplegal@ebclc.org for advice about your particular case.

WHAT’S THE PROCESS?

  1. Get Help:
    • If you are a UC Berkeley student, we encourage you to make an appointment with the Legal Services Program to discuss possible travel or other immigration issues. It is particularly important to speak with a lawyer if your DACA was terminated in the past or you have had any encounters with law enforcement since your last renewal. USP will provide fee assistance to current UC Berkeley students. 
  2. Calculate When to Apply for Renewal: USCIS is now accepting renewal applications that will expire no more than 150 days prior to the expiration date of their current DACA.
  3. Complete Applications:
    • Form I-821D – Consideration of Deferred Action for Childhood Arrivals (DACA). Indicate this is a renewal application and only complete sections required for renewal applicants. Provide updated information in those sections.
    • Form I-765 – Application for Employment Authorization (EAD). Indicate the application is for a renewal EAD (work permit). List your current status as “DACA recipient,” and for question 16 the eligibility category is (C)(33).
    • Form I-765WS – Worksheet. Briefly explain your economic need to work.
  4. Submit Applications: Include two passport photos, copy of current work permit and fee. The fee is $495.00. USP will provide fee assistance to current UC Berkeley students. Pay using a check or money order payable to the Department of Homeland Security. Mailing address for California residents:
    USCIS Phoenix Lockbox, P.O. Box 20700, Phoenix, Arizona 85036-0700 (for USPS deliveries); USCIS Phoenix Lockbox, USCIS, Attn: DACA, 1820 E. Skyharbor Circle S, Suite 100, Phoenix, AZ 85034 (for FedEx, UPS and DHL deliveries). 
  5. Schedule Appointment: You will receive a receipt by mail and a biometrics (fingerprinting) appointment notice.
  6. Final Steps: After being fingerprinted, you will either receive a letter asking for additional information (called a Request for Evidence) or a final decision.

WHAT DO I INCLUDE IN THE RENEWAL APPLICATION?

Information:
Your renewal application is an update to your initial application. Update your address, any travel you did under advance parole, any arrests or criminal issues that took place since your initial application, and any contact with immigration authorities or the immigration court since your first application.

Make sure that the information in your renewal application is consistent with your initial DACA application. If you need a copy of your initial application, you can request one by filing Form G-639 with USCIS. If your address has changed, include the new address on the application and complete a change of address with USCIS, which you must complete any time your address changes.

Documentation:
You do not need to submit or re-submit any documentation with your renewal application — just a copy of the front/back of your work permit and any updated addresses/places of residence since you last applied.

The exception is if there has been a change since your initial application regarding your Immigration Record (your case is pending in immigration court, you were detained by immigration authorities, etc.), or your Criminal Record (you were arrested, detained, and/or convicted of a crime). If either of these apply to you, consult an attorney, make sure your application reflects this new information, and submit evidence that this change in your situation does not impact your DACA eligibility (for example, the court disposition regarding a criminal case or an immigration judge’s order closing your case).

WHERE CAN I GET MORE INFORMATION?

  • Please see the section above titled “Additional Information and Resources.” 

Information provided by East Bay Community Law Center, usplegal@ebclc.org.

Last updated on 11/20/20.