The processing times of most immigration applications and petitions have been significantly impacted by the pandemic. Therefore, it is very important that individuals timely file their applications, especially renewals for work authorization. Waiting until the last minute can cause individuals to lose their jobs or legal status in the United States. To learn more about processing times and delays please click here.
For individuals who are eligible to renew their DACA application, it is imperative that a renewal is filed as early as possible to avoid losing the protection and work authorization afforded under the program. There are no automatic extensions available to DACA recipients. Currently, you can file more than 150 days in advance of the expiration date. Filing slightly more than 150 days prior to the end of your DACA EAD may avoid a gap in employment authorization. However, doing so may also result in an overlap between your current DACA and your renewal. This means your renewal period may extend for less than a full two years from the date that your current DACA period expires.
For individuals who wish to apply an initial DACA application or have an initial DACA application pending, please note that USCIS continues to accept these applications. However, pursuant to a standing court order, they are not permitted to adjudicate them or issue a final decision. On September 10, 2021, the Biden Administration along with the Mexican American Legal Defense Fund filed an appeal with the 5th Circuit Court of Appeals. We will have to wait and see what results and will send an update as soon as a decision is reached.