The DACA renewal process is significant for those wishing to maintain their legal protections and work authorization in the U.S. It is more than a bureaucratic formality. Many applicants believe renewal is just a routine process due to previous approvals they received. But that assumption can be costly. USCIS enforces strict requirements, and even the smallest errors can result in serious setbacks. This includes errors like missing a checkbox, entering the wrong date, or failing to submit an updated form.
For many Deferred Action for Childhood Arrivals (DACA) recipients, renewal delays can mean job loss, interrupted studies, and financial uncertainty. This could mean working for years to build stability, only to have it thrown into jeopardy over a simple paperwork error. Worse still, misinformation and scams often prey on applicants who don’t fully understand the process. Leading to unnecessary fees and legal trouble. At Queens Immigration Attorney, we work to achieve a smooth renewal process.
Available statistics highlight the importance of staying ahead of deadlines and providing accurate information. Missing a biometric appointment, misunderstanding eligibility criteria, or falling victim to misinformation can lead to severe consequences.
Key statistics:
- USCIS processes most DACA renewals within 120 days.
- Missing a biometric appointment can cause processing delays of over 105 days
- 3 or more minor misdemeanors can disqualify you from renewal.
- Renewal applications in early 2024 took less than 2 months on average.
- Filing between 120 and 150 days before expiration reduces renewal risks.
- A 90-day sentence for a non-significant misdemeanor can still impact renewal eligibility.
- Filing earlier than 150 days does not speed up processing.
5 Errors on the Renewal Form that Delay Your DACA Renewal Process
Paperwork errors in your DACA renewal process may seem small but can have significant consequences. With USCIS processing thousands of renewal applications, even a minor mistake can lead to delays or outright denials. Being accurate and compliant with current requirements is essential. Here’s what you need to watch out for:
Incorrect Dates or Expired Information
Incorrect or outdated information is one of the most frequent mistakes applicants make. Entering an old address, an incorrect DACA expiration date, or mismatched employment authorization details can lead to rejection. USCIS emphasizes the importance of using the exact expiration date from your most recent Form I-797 DACA approval notice.
According to USCIS historical data, DACA renewals are processed within a median time of 1 month in the fiscal year 2023. However, the first quarter of FY 2024 saw processing times extend to nearly 2 months. Filing with incorrect or expired information may significantly extend this timeframe or lead to outright denial.
Incomplete or Forgotten Sections
USCIS has strict requirements regarding mandatory fields in the renewal forms. Leaving any required section blank can result in immediate rejection. The most commonly omitted fields include:
- Part 1: Information About You: Missing details like the renewal request type, Alien Registration Number, or U.S. mailing address.
- Part 4: Criminal, National Security, and Public Safety Information: Every “Yes” or “No” box must be checked; failure to do so will lead to a rejection.
If any of these sections are incomplete, USCIS will not process your application, further delaying your renewal. DACA recipients are advised to submit their renewal applications 120 to 150 days before expiration. This is done to avoid gaps in employment authorization, missing details could mean your DACA status lapses before renewal approval.
Signature Mistakes
An unsigned form is an automatic rejection. Common errors include:
- Forgetting to sign Form I-821D or Form I-765; both are required for renewal.
- Using an electronic signature instead of an original ink signature, which USCIS does not accept.
- A signature mismatch with previous applications. This could raise red flags and delay processing.
USCIS explicitly advises applicants to double-check all signature fields before submission, as unsigned forms are immediately rejected.
Mailing the Wrong Forms or Fees
Submitting an outdated version of Form I-821D or Form I-765 can result in rejection. USCIS requires applicants to use the most current versions, which can be verified on their website. Additionally, fees must be paid correctly. Any overpayment, underpayment, or combined payment for multiple forms can lead to processing issues. According to USCIS guidelines:
- Payments must be made separately for each form. A single, combined payment may cause the entire application package to be rejected.
- Acceptable payment methods include money order, personal check, cashier’s check, or credit/debit card using Form G-1450.
- Fees are non-refundable, even if the application is denied.
Ignoring USCIS Updates or Notices
Failing to respond to a Request for Evidence (RFE) on time can result in denial. USCIS may request additional documentation. Missing the response deadline could lead to an automatic rejection. To stay informed:
- Regularly track your case status using the USCIS Case Status Tracker.
- Sign up for e-notifications by attaching Form G-1145 to your renewal package to receive text/email updates.
- Keep your mailing address updated so that you receive all notices promptly.
DACA renewals are discretionary, meaning that USCIS evaluates each case individually. Need legal guidance on your DACA renewal Process? A Queens Immigration Attorney can help you submit an error-free application.
Can a Previous Traffic Violation or Misdemeanor Affect Your DACA Renewal Process?
Many DACA recipients assume that minor offenses or petty misdemeanors have little impact on their renewal applications. However, USCIS conducts thorough background checks, and any encounter with law enforcement can trigger additional scrutiny.
An expired vehicle registration may not automatically disqualify an applicant. However, accumulating multiple infractions can impact the discretionary decision-making process. USCIS examines the nature of each offense, its frequency, and whether it raises concerns about an applicant’s moral character.
Which Offenses Are Considered “Significant Misdemeanors”?
Under 8 CFR 236.22(b)(6), certain criminal offenses are classified as “significant misdemeanors.” Even a single conviction in these categories can lead to a DACA renewal denial. These include:
- Driving Under the Influence (DUI): Regardless of sentencing, DUI is explicitly disqualifying.
- Drug-Related Offenses: This includes the possession, distribution, or trafficking of controlled substances.
- Domestic Violence or Sexual Abuse: Any conviction involving domestic violence, sexual abuse, or exploitation is considered a significant misdemeanor.
- Firearms Violations: Unlawful possession or use of a firearm is disqualifying, as USCIS deems it a threat to public safety.
- Burglary: Even if classified as a misdemeanor, burglary is a serious offense under DACA guidelines.
Non-Significant Misdemeanors
While minor misdemeanors may not lead to an automatic denial, repeated infractions can still result in disqualification. USCIS evaluates whether an applicant has 3 or more convictions for non-significant misdemeanors. Examples include:
- Traffic Infractions: Minor violations, such as expired registration or parking tickets, are not considered misdemeanors. However, reckless driving or repeated offenses may raise concerns.
- Petty Theft or Shoplifting: If classified as a non-significant misdemeanor, a single instance may not disqualify you. However, multiple offenses can contribute to a negative discretionary decision.
How Does USCIS Assess Offenses?
USCIS determines eligibility for renewal on a case-by-case basis by reviewing:
- Severity of the Offense: More serious crimes are more likely to impact a renewal.
- Pattern of Behavior: Multiple offenses, even if minor, suggest a lack of rehabilitation and may negatively impact your case.
- Good Moral Character: If an applicant has demonstrated remorse or positive contributions to society post-conviction, this can be a favorable factor.
- Rehabilitation Efforts: USCIS considers participation in community service, rehabilitation programs, or counseling when assessing discretionary approval.
What Can You Do If You Have a Criminal Record?
If you have prior convictions, proactive steps can improve your chances of a successful renewal:
- Consult an Immigration Attorney: Legal professionals can assess your case and provide personalized guidance.
- Obtain Court Records: Official documentation can support your application if a case was dismissed or reduced.
- Gather Character References: Letters from employers, community leaders, or religious figures can demonstrate your good moral standing.
What Are Your Options If Your Renewal Is Denied?
If your DACA renewal is denied due to a past offense, you may still have options:
- File a Motion to Reopen: If you believe USCIS made an error, you can request a decision review.
- Explore Alternative Immigration Relief: Certain humanitarian or employment-based options may be available with legal guidance.
- Avoid International Travel: Leaving the U.S. can complicate reentry and further impact your case. If your status is uncertain.
Can Gaps in Employment or School Records Impact Your DACA Renewal Process?
Proving continuous residence in the U.S. is a key eligibility requirement for the DACA renewal process. Any gaps in employment or school records can create concerns. USCIS may question whether the applicant has maintained uninterrupted residence. Applicants must submit evidence for as much of this period as reasonably possible. Prolonged gaps without supporting documentation may lead to a Request for Evidence (RFE).
Why Do Gaps Raise Red Flags?
Unexplained breaks may suggest the applicant left the U.S. during the required continuous residence period. While every day does not need to be documented, long gaps can raise doubts. If USCIS determines that an absence was not brief, casual, or innocent, it could impact renewal eligibility.
USCIS considers employment records, school enrollment, rent receipts, utility bills, and bank transactions as strong evidence of continued presence. Without such records, proving eligibility becomes more difficult.
How to Document Employment Gaps?
To counter any concerns related to employment gaps, applicants should provide alternative records that establish continued residence. USCIS accepts documents such as pay stubs, W-2 forms, and tax returns as primary evidence.
Additionally, letters from previous employers verifying work history can help bridge any missing employment records. Bank statements reflecting deposits can serve as supporting evidence. That is if an individual was paid in cash and lacks formal pay stubs.
What If You Were Unemployed?
Periods of unemployment do not automatically disqualify an applicant, but they must be properly explained. USCIS allows applicants to submit a personal statement detailing the reasons for unemployment. Acceptable explanations may include caregiving responsibilities, medical issues, or economic downturns.
To further substantiate their claim, applicants can provide documentation of any volunteer work, training programs, or informal jobs. For example, if an individual participated in a workforce development program. They should submit certificates of completion or letters from the organization.
Your U.S. work visa guide is just a click away! Read the full article now.
Breaks in Education
Breaks in education can be particularly problematic, as DACA eligibility requires current school enrollment, a diploma, or a GED. Applicants should provide official transcripts, report cards, or enrollment letters from institutions they attended. To account for their academic history.
If they had to withdraw from school, documentation explaining the circumstances can help justify the gap. This includes medical records, financial hardship evidence, or official school statements. In some cases, USCIS may accept affidavits from individuals with direct knowledge of the applicant’s situation if official records are unavailable.
Begin Your DACA Renewal Process with Queens Immigration Attorney
A delayed renewal could mean losing your job, losing access to financial aid, or even facing unnecessary legal complications. With DACA still under legal challenges, every renewal is a chance to reaffirm your status and protect your livelihood. You’ve worked hard to build a stable life, so don’t let small, avoidable mistakes derail it. A Queens Immigration Attorney can provide an error-free, timely, and compliant renewal. Make sure your DACA renewal process is done right. Schedule a free consultation today.
