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Immigration Fact of the Week (May 23 – 29)

What happens if I fail to renew DACA before my current status expires?

Temporary immigration status under Deferred Action for Childhood Arrivals (DACA) is good for two years. Filing Form I-821D, Consideration of Deferred Action for Childhood Arrivals, 120 days before the expiration of your current status will help you get your status renewed before your current status expires. That is because U.S. Citizenship and Immigration Services (USCIS) aims at processing DACA renewal requests within 120 days from the date of receiving an application.

If you happen to file your renewal request less that 120 days before the expiration of your current status, there are chances you may fall out of status before your renewal request is approved by the USCIS. If you fail to renew deferred action status and if your status expires, you will still be allowed to file a renewal request if you are applying for renewal within one year from the date of expiration of your status. But you file after that, you may not be able to get your status renewed. In that case, you will have to file a new initial request to request DACA. However, you will fall out of status in both the cases as DACA is valid only for two years.

If your status is due to expire in the next four months, the right time for you to file Form I-821D to renew DACA is now.

Check out our immigration blog for more immigration facts!

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