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DACA Renewal Information and Assistance
If your DACA is still valid:
Individuals with a current, unexpired grant of DACA will continue to hold DACA until it expires. This means that current DACA recipients maintain their protection from deportation and work permit until their current expiration date. USCIS will not refer DACA recipients and applicants to U.S. Immigration and Customs Enforcement (ICE) for deportation unless they meet USCIS’ Notice to Appear guidance or pose a risk to national security or public safety. Applicants with currently pending and processing applications should attend biometrics appointments and respond to any requests for additional evidence they receive from USCIS.
If you are eligible to renew:
If you are eligible to renew under the above guidelines, you should do so and file your application to USCIS.
For more information, please see the government’s Frequently Asked Questions
and the Memorandum on Rescission of Deferred Action for Childhood Arrivals (DACA)
Read about the DACA Renewal Process and Tips (pdf)
Complete the items on the DACA Renewal Checklist (pdf)
DACA Renewal and Life After DACA
- If you currently have an unexpired work permit under DACA, you are allowed to keep your work permit and have the right to work legally until your work permit’s expiration date.
- You have no obligation to inform your employer that DACA has ended.
- Your employer does not have the right to ask you whether you are a DACA recipient or how you got your work permit.
- Even as DACA winds down, your employer does not have the right to fire you, put you on leave, or change your work status until after your work permit has expired.
- If your expiration date is nearing, your employer may ask you for an updated work permit but cannot take any action against you until after it is expired.
- You still have the right to apply for a new job or change jobs until your work permit expires.
- For more information about your rights as an employee see this advisory by the National Immigration Law Center: https://www.nilc.org/issues/
- In California, you can still apply for a driver’s license or state identification card if your DACA is still valid.
- In California, if you have DACA you are eligible to apply for either a standard Class C license or an AB 60 driver’s license.
- An AB 60 driver’s license is a license issued by the Department of Motor Vehicles (DMV) to any California resident who is eligible, regardless of immigration status.
- If you have an AB 60 license, it will not be affected by the change in your DACA or any other immigration status. When your DACA status expires or is terminated, your AB 60 license will still be valid and unaffected.
- If you have a standard Class C license that you got because of DACA, then your standard Class C driver’s license will expire when your DACA expires.
- You will not be able to renew your standard Class C driver’s license unless your DACA is renewed or you gain other lawful immigration status.
- Therefore, you can switch your standard Class C driver’s license to an AB 60 license.
Here’s how to switch licenses:
- Schedule an in-person appointment for an original (new) driver’s license, even if you already have a driver’s license.
- Attend your appointment where you will have to pay the current fee and will likely have to take the writing test.
- You will need to bring the required documents for an AB 60 license. See DMV’s guide: https://www.dmv.ca.gov/portal/dmv/detail/ab60
- You can use your AB 60 license to drive in California and as a form of ID for state purposes ONLY in California.
The government’s announcement Sept. 5, 2017 made extremely important changes to DACA recipients’ ability to travel outside the country - also known as advance parole. Specifically these were the changes to know:
- USCIS will reject all new applications for advance parole.
- USCIS will administratively close all pending applications for advance parole and refund the filing fee.
- USCIS states that previously approved grants of advance parole remain valid and that individuals retain the ability to exit and return the country within the dates provided in the travel document.
- Individuals with a valid grant of advance parole, however, should consult with an experienced immigration service provider before leaving the country.
- USCIS states that DACA recipients currently outside the country traveling with a valid grant of advance parole should be able to return to the country as long as they do so before their grant of advance parole expires.
- Even though USCIS states that grants of advance parole remain valid, U.S. Customs and Border Protection retains the discretion to deny you re-entry into the country and it is not guaranteed that DACA recipients traveling with advance parole will be allowed to re-enter the country.
- If you travel on advance parole or are currently abroad, make sure to return to the United States before the deadline.
- If you have been granted advance parole under DACA but have not yet left the United States, or are interested in applying for advance parole, speak with an attorney to determine potential risks before doing anything.
- For more information please visit U.S. Citizenship and Immigration Services (USCIS): https://www.uscis.gov
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