This document provides step-by-step instructions for preparing a renewal package for Deferred Action for Childhood Arrivals (DACA) including forms I-821D, I-765, and I-765WS. It outlines the forms and documents needed, such as a copy of the previous DACA application and employment authorization document. Each section of the forms is then explained, with notes on what information to include from the applicant's history and previous applications. Resources for additional information on DACA renewals and criminal bars are also listed.
3. Legal Disclaimer
Please note that these materials have been
prepared for informational purposes only and
should not be construed as legal advice or legal
opinion on any specific facts or circumstances.
Transmission of the information is not intended
to create, and receipt does not constitute, an
attorney-client relationship between the sender
and receiver. Readers should not act upon this
information without seeking professional
counsel.
4. Introduction
Download the forms I-821D, I-765, I-765WS:
• https://www.uscis.gov/system/files_force/files/
form/i-821d.pdf?download=1
• https://www.uscis.gov/system/files_force/files/
form/i-765.pdf?download=1
• https://www.uscis.gov/system/files_force/files/
form/i-765ws.pdf?download=1
5. Introduction
• Documents needed for renewal:
▫ Employment authorization document
▫ Copy of previous DACA application (if available)
▫ Advance parole documents and/or current
passport (if applicable)
▫ Most recent taxes (if applicable)
▫ Certificates of disposition (if applicable)
▫ Black ink pen
6.
7.
8. Verify expiration date for the
applicant
9/5/2017 and 3/5/2018
Verify category for the applicant
C33
9.
10. Basic information:
Make sure to check “renewal request” and to
write expiration date based on EAD
Name as it appears on the EAD
Current mailing address
15. If this is a new address since the
last DACA application you will
need to include the former
address in Address 1 below
You only need to include old
addresses if you have moved
since the last DACA renewal
16. This is where you include your
departures from the United
States on advance parole.
List each departure, return, and
reason for departure (ie.,
humanitarian visit to
grandparent, study abroad, work
visit)
Check yes or no. Do not leave
blank
Enter passport information here if
travelled on advance parole
17. Skip Part 3 For Initial Requests and go
straight to Part 4 Criminal, National
Security, and Public Safety Information
Important to ask these questions again
If the applicant has a copy of his previous
application and has answered yes to any
questions before copy that
If new arrests since last renewal add
information
*** If unsure about legal analysis go to this
ILRC DACA criminal bars chart
https://www.ilrc.org/sites/default/files/docu
ments/ilrc-2012-daca_chart.pdf
18. You will need to complete this as
appropriate including if you or
someone else had to translate the
questions to the DACA holder
Make sure the
DACA holder signs
this section
19. Preparer signs this part
and includes his/her
information
Include language being
translated (if applicable)
Interpreter’s signature (if
applicable)
20. Add here any information you run
out of space like addresses or need
to explain such as Part 4.
Include Page Number, Part
Number, Item Number
And write in explanation
21.
22. Biographic information about the
DACA holder. Make sure to check
off “renewal of my permission to
accept employment”
23. Since this is a renewal check off “yes”
USCIS offices: SRC, LIN, WAC, EAC
Place of last entry: check previous
application, ask DACA holder, did
they recently come in on advance
parole?
Status at last entry: No lawful status,
DACA –AP, B2 Visitor, etc.
Current Immigration status
USCIS
office
If the individual brought his/her previous DACA application this will make it easier to complete the form and most parts will be straightforward
If not, you will need to ask more in-depth questions in certain sections
This is from a USCIS presentation https://www.uscis.gov/sites/default/files/USCIS/Humanitarian/Deferred%20Action%20for%20Childhood%20Arrivals/daca-presentation.pdf
C 33 category for DACA
Expiration between 9/5/17 and 3/5/2018
As per USCIS instructions if ICE gave you deferred action then you must complete all sections and submit all evidence as if it were initial request
If run out of room go to last page Part 8
DACA created new definitions need to make sure applicant still eligible
Must look at all arrests and convictions in totality to make legal determination
If unsure contact legal expert, more experienced practitioner
If Juvenile court records in your state prohibit disclosing, evidence is not required
Look at page 10-11 of I-821D instructions https://www.uscis.gov/sites/default/files/files/form/i-821dinstr.pdf
SRC = Texas Service Center
LIN = Nebraska Service Center
WAC = California Service Center
EAC = Vermont Service Center