Navigating the New Jersey Deferred Action Renewal Process

In the ever-evolving landscape of immigration law in the United States, it’s essential for individuals seeking legal status to stay informed about the latest developments. For many undocumented immigrants in New Jersey, Deferred Action for Childhood Arrivals (DACA) has provided a lifeline to a more secure future. However, understanding the renewal process and meeting the requirements can be complex and challenging. In this article, we will explore the New Jersey Deferred Action renewal process, its requirements, and how individuals can ensure a successful renewal application.

Understanding Deferred Action for Childhood Arrivals (DACA)

Deferred Action for Childhood Arrivals (DACA) is a program introduced in 2012 by the Obama administration to provide temporary relief from deportation and work authorization for certain undocumented individuals who arrived in the United States as children. DACA recipients, often referred to as “Dreamers,” must meet specific criteria to be eligible for the program. DACA status is renewable and provides recipients with protection from deportation for a two-year period.

The Importance of Renewing DACA

Renewing DACA is crucial for individuals who want to continue benefiting from the program. DACA status provides protection from deportation and grants recipients the opportunity to work legally in the United States. Additionally, it allows recipients to obtain a driver’s license and, in some states, access in-state tuition rates for higher education.

The New Jersey Deferred Action Renewal Process

The process for renewing DACA in New Jersey is similar to the initial application process but with some key differences. It is essential to understand the steps involved and the requirements to ensure a successful renewal application.

Check Your Eligibility: Before starting the renewal process, applicants should ensure they meet the following criteria:

• Were under the age of 31 as of June 15, 2012.
• Came to the United States before reaching their 16th birthday.
• Have continuously resided in the United States since June 15, 2007.
• Were physically present in the United States on June 15, 2012, and at the time of making the request for DACA.
• Had no lawful status on June 15, 2012.
• Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
• Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not pose a threat to national security or public safety.
• Prepare the Required Documents: DACA renewal applicants must gather the necessary documentation to support their application. This includes proof of identity, proof of eligibility, and evidence of any criminal history, if applicable.
• Complete Form I-821D: The DACA renewal process begins with completing and submitting Form I-821D, Consideration of Deferred Action for Childhood Arrivals. This form must be filled out accurately and in accordance with the latest guidelines provided by U.S. Citizenship and Immigration Services (USCIS).
• Form I-765: Along with Form I-821D, applicants must submit Form I-765, Application for Employment Authorization. This form allows DACA recipients to continue working legally in the United States.
• Form I-765WS: Form I-765WS, Worksheet, should also be included in the application package. It helps determine the economic necessity for employment authorization.
• Filing Fee: DACA renewal applicants must pay the required filing fee unless they qualify for a fee waiver. It’s essential to check the USCIS website for the latest fee information and fee waiver eligibility criteria.
• Mail the Application: Once all required documents are completed and fees are paid, applicants should mail their renewal package to the appropriate USCIS address. It’s crucial to use the correct address to avoid processing delays.
• Biometrics Appointment: After USCIS receives the application, applicants may be scheduled for a biometrics appointment, where fingerprints and photographs are taken for background checks.
• Wait for Approval: USCIS will review the renewal application and supporting documents. If everything is in order and the applicant meets all eligibility criteria, USCIS will approve the renewal.
• Receive EAD and DACA Approval: Upon approval, DACA recipients will receive a new Employment Authorization Document (EAD) and DACA approval notice. This will allow them to continue working legally in the United States and maintain their protected status.

Common Challenges in the Renewal Process

While the DACA renewal process may seem straightforward, several challenges can arise. These challenges include:

• Timing: Renewal applications must be submitted well in advance of the expiration date of the current DACA status. Delays or missed deadlines can lead to a lapse in protection from deportation.
• Documentation: Gathering the required documents and ensuring they are up-to-date can be challenging. Any errors or omissions can lead to delays or denials.
• Criminal History: DACA recipients with any criminal history should consult with an immigration attorney to assess how their past convictions might affect their renewal eligibility.
• Financial Barriers: The cost of the application fees can be a barrier for some individuals. However, fee waivers are available for those who qualify.
• Changing Policies: Immigration policies can change, affecting the DACA renewal process. Staying informed about the latest updates is crucial.

Seeking Legal Assistance

Navigating the DACA renewal process in New Jersey can be complex, and any mistakes or omissions can lead to serious consequences. It is highly advisable for DACA recipients to seek legal assistance when renewing their status. An experienced immigration attorney can provide guidance, ensure that all requirements are met, and help applicants address any challenges that may arise.

The Impact of DACA on New Jersey

New Jersey has been home to a significant number of DACA recipients since the program’s inception. These individuals have become integral members of their communities, contributing to the state’s economy and cultural diversity. DACA recipients in New Jersey are students, professionals, and essential workers, playing vital roles in various industries

One of the most significant benefits of DACA is that it allows recipients to pursue higher education. In New Jersey, many DACA recipients have enrolled in colleges and universities, furthering their education and expanding their career opportunities. This not only benefits the individuals themselves but also contributes to the state’s workforce and overall prosperity.

Additionally, DACA has provided a sense of security to many New Jersey residents who were brought to the United States as children. It has allowed them to live without the constant fear of deportation, enabling them to fully integrate into their communities, build families, and plan for their futures.

The Uncetain Future of DACA

While DACA has provided a lifeline to many undocumented individuals in New Jersey and across the country, its future remains uncertain. The program has faced legal challenges and attempts to end it by various administrations. This uncertainty has created anxiety and stress for DACA recipients who worry about the potential loss of their protected status.

It’s crucial to note that DACA is not a permanent solution to immigration status. It provides temporary relief and is subject to change through executive orders, court rulings, or legislative actions. As such, it is essential for DACA recipients and advocates to stay informed and engaged in advocacy efforts to protect and expand the program’s benefits.

Renewing DACA status in New Jersey is a vital step for individuals seeking protection from deportation and the opportunity to work legally in the United States. Understanding the requirements and following the renewal process carefully is crucial for a successful application. To ensure the best possible outcome, applicants should seek legal assistance, especially when facing any challenges or uncertainties.

At The Scheer Immigration Law Group, we have a team of dedicated immigration attorneys who can help you navigate the New Jersey Deferred Action renewal process. Our experienced professionals are here to guide you through each step and ensure that your application is accurate and complete. Don’t take chances with your DACA renewal – contact us today to get the legal support you need to secure your future in the United States.

Contact us now to schedule a consultation and start your DACA renewal process with confidence. Your future is important, and we’re here to help you protect it.