Legal Help for DACA Recipients in Miami: Rights and Renewal Options

Yolanda Mendoza Lawfuel

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Deferred Action for Childhood Arrivals (DACA) gives young immigrants who are undocumented some temporary protection, which helps create a sense of stability in the middle of confusing immigration laws. 

However, DACA recipients still deal with a lot of uncertainties, especially when it comes to renewing their status and knowing their rights. In Miami, where many DACA recipients live, it’s important to understand how to handle these legal processes.

What Does DACA Mean for Your Immigration Status?

Deferred Action for Childhood Arrivals, or DACA, is a policy that helps some undocumented young people who came to the U.S. as children. It allows them to stay in the country for a certain amount of time without the fear of being deported. 

If eligible, they can apply for DACA to get a work permit, which needs to be renewed every two years. While DACA doesn’t lead to permanent residency or citizenship, it gives these young immigrants the chance to work, study, and build their lives without worrying about being forced to leave. 

Exploring Your Rights Under DACA

DACA gives you some legal benefits, and understanding these can help you feel more secure in your life here in the U.S. Here are the key rights you should be aware of as a DACA recipient:

Right to Deferred Action

As a DACA recipient, you can stay in the United States without worrying about being deported as long as your status is valid. This means you won’t be removed from the country if you meet the program’s requirements and keep your application updated.

Right to Work

DACA allows you to apply for a work permit, giving you the right to work legally in the U.S. This opens up job opportunities and helps you support yourself and your family while pursuing your goals.

Right to Education

If you have DACA, you can go to school and enroll in colleges or universities. Many states even offer in-state tuition rates for DACA students, making it easier to afford higher education.

Right to Seek Legal Counsel

You have the right to get legal advice about your DACA status and any immigration issues you might have. Talking to an immigration attorney can help you understand your options and deal with any problems that come up.

Right to Apply for Renewal

You can renew your DACA status as long as you still meet the requirements. It’s important to send in your renewal application on time so you can keep your protections and work permit.

Protection from Discrimination

DACA recipients are protected against discrimination because of their immigration status. This means you shouldn’t be treated unfairly at work or school just because you have DACA.

Right to Travel (with Limitations)

Normally, DACA doesn’t allow you to travel outside the U.S., but you can apply for advance parole in certain situations. If you get this permission, you can travel abroad and come back without losing your DACA status.

How to Renew Your DACA Status

Renewing your DACA status is an important step to ensure that you can continue to live and work in the United States without the fear of deportation. The renewal process can seem overwhelming, but knowing the steps can help make it easier. Here’s what you need to do to renew your DACA status in 2024:

Renewing your DACA status is important if you want to keep living and working in the United States without worrying about being deported. The renewal process might feel a bit tricky at first, but breaking it down into steps can help make it simpler. 

Here’s what you need to do to renew your DACA status in 2024:

Step 1: Check Your Eligibility

Before you begin the renewal process, make sure you still meet the eligibility requirements for DACA. This includes being under the age of 31 as of June 15, 2012, having arrived in the U.S. before your 16th birthday, and not having a felony conviction. You also need to have lived continuously in the U.S. since you got your DACA status.

Step 2: Gather Required Documents

Collect all necessary documents to support your renewal application. This includes:

  • A copy of your current DACA approval notice (Form I-797)
  • A copy of your employment authorization card (EAD)
  • Any supporting documents that show your continuous residence in the U.S., such as pay stubs, tax returns, or school records
  • Identification documents, like your passport or state ID

Step 3: Complete the Renewal Application

Fill out the appropriate forms to renew your DACA status. You’ll need to complete:

  • Form I-821D (Consideration of Deferred Action for Childhood Arrivals)
  • Form I-765 (Application for Employment Authorization)

Make sure to answer all questions truthfully and accurately.

Step 4: Pay the Renewal Fee

Prepare to pay the renewal fee. As of 2024, the fee for DACA renewal is $495. Check the USCIS website to find out how you can pay and if there are any options to get a fee waiver.

Step 5: Submit Your Application

Once you have everything ready, you can submit your completed renewal application along with all the required documents and payment to the right USCIS address. You can also file online through the USCIS website, which can make the process faster and easier. If you choose to mail your application, use a reliable method so you can track it.

Step 6: Wait for a Decision

After you submit your application, you’ll get a notice from USCIS confirming they received it. The processing time can take a while, so it’s important to be patient. You can check your application status online to stay updated.

Step 7: Maintain Your Current DACA Status

While you’re waiting for your renewal to be processed, you can stay in the U.S. under your current DACA status. Just remember to keep an eye on when it expires, and try to submit your renewal application about 150 to 120 days before that date.

Final thoughts

Figuring out DACA can be difficult, but recipients need to know their rights and what resources are out there. With some good support and careful planning, DACA recipients can feel more secure about their status and focus on their dreams. 

Remember, you’re not in this alone—there are plenty of groups and people who want to help you. Stay active and involved, and you can create a great future here in the U.S.

Source: Yolanda Mendoza Immigration Law, Florida

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