DAca,

Tps, & Other Information

What is Daca?

Deferred Action for Childhood Arrivals (DACA) protects certain individuals who were brought to the U.S. as children from deportation. It allows eligible recipients to live and work legally in the U.S. on a renewable basis, though it does not provide a path to permanent residency or citizenship.

6 Basic Criteria

To qualify for DACA you must meet all six (6).

  1. You entered the United States on or before June 15, 2007 and have lived in the United States since then.

  2. If you entered the United States legally, your legal status expired on or before June 15, 2012.

  3. You entered the United States before your 16th birthday.

  4. On June 15, 2012 you were under 31 years old.

  5. You have either completed high school, or are working toward a GED, or have been honorably discharged as a veteran of the U.S. Coast Guard or military.

  6. You do not have more than three misdemeanor convictions (please note not all misdemeanor convictions count as convictions under for purposes of DACA).  You have not been convicted of a felony or significant misdemeanor.

If you…

If you have never been in removal proceedings, remember you need to be 15 years old or older to file the DACA Form I-821D.

If you are in removal proceedings and you are over 15 years old, you may file the DACA Form I-821D if the immigration judge has terminated your removal proceedings.

If you are currently:

  • in removal proceedings,

  • have already been ordered removed,

  • have been granted voluntary departure by the immigration judge, or

  • your case has been administratively closed

Then You…

Then you may file the DACA Form I-821D to request deferred action on your case.  You can file for consideration even if you are under 15 years old at the time.

How Do I file?

1

Complete the new Form I-821D

2

Complete the Form I-765

3

Complete the Form I-765 Worksheet

4

There is a filing fee of $465.00

($380.00 for the Employment Authorization and $85.00 for fingerprints).

How do I Renew?

For Daca Renewal:

IMPORTANT:

US-CIS will NOT accept renewal filed with the old Form I-821D (6/25/2013 version).  The New I-821D is now available.

  1. For renewals, you will not need to resubmit proof of eligibility, but US-CIS may still request additional documents (i.e., if you have suffered a criminal charge since your first DACA).

  2. Check the expiration of your Employment Card (EAD), make sure you file at least 120 days before it expires.

    CAUTION: do not file more than 150 days in advance, your application will be rejected!!

  3. If you originally applied for DACA through ICE, your renewal period is now open, and you should submit your renewal using the current Form I-821D (edition dated 08/01/2023 or later).

What is Tps?

Temporary Protected Status (TPS) allows individuals from certain countries experiencing conflict, natural disasters, or other unsafe conditions to live and work legally in the U.S. for a limited period. TPS does not lead directly to permanent residency but can provide safety and stability while conditions in the home country improve.

ATTENTION: As with TPS, if US-CIS cannot timely process renewal applications, they will likely automatically extend your current EAD.

Criteria

To qualify for TPS, you must meet all of the following conditions:

  1. Be a national of a country currently designated for TPS (or a person without nationality who last habitually lived in a designated country).

  2. Have been continuously physically present in the United States since the effective date of your country’s most recent TPS designation.

  3. Have continuously resided in the United States since the date specified for your country’s TPS designation.

  4. Apply during the open registration or re-registration period announced by USCIS for your country’s TPS designation.

  5. Have no disqualifying criminal convictions, such as a felony or two or more misdemeanors committed in the United States.

  6. Not be subject to any mandatory bars to asylum, such as participating in persecution or engaging in certain criminal or terrorist activity.

If you are unsure whether your country currently has TPS designation or what dates apply, check the USCIS TPS webpage for the most recent updates.

How to Apply

To apply for TPS, you must submit the following forms and materials to USCIS:

1

Form I-821 – Application for Temporary Protected Status

2

Form I-765 – Application for Employment Authorization (optional, but recommended if you wish to work)

3

Filing fees:

  • TPS filing fee (if applicable)

  • Biometrics fee (if you are age 14 or older)

  • Employment Authorization fee (if applying for work authorization)

Fee waivers may be available if you cannot afford the filing fees.

4

You must also include copies of documents proving your identity, nationality, and residence in the United States (such as a passport, birth certificate, or bills showing continuous residence).

additional Information

When your country’s TPS designation is extended, you must re-register during the specific re-registration period announced by USCIS.

For re-registration:

  • Submit a new Form I-821 (marking it as a “re-registration”)

  • Submit Form I-765 if you want to renew your work permit

  • Pay the biometrics and work authorization fees, if applicable

  • You usually do not need to resubmit identity or nationality documents, unless USCIS requests them

  • File as soon as possible within the re-registration period to avoid gaps in work authorization

If USCIS experiences processing delays, your Employment Authorization Document (EAD) may be automatically extended for a limited time, as announced in the Federal Register for your country’s TPS notice.

IMPORTANT REMINDER!

TPS does not lead directly to lawful permanent residency or citizenship, but it may allow you to apply for other immigration benefits if you qualify.

  1. You must continue to meet the eligibility requirements and avoid criminal activity to keep your TPS status valid.

  2. If your country’s TPS designation ends, you will return to whatever immigration status you held before TPS (unless you have another lawful status).

Contact us.

jfinch@jasonfinchlaw.com
(402) 384-2464

212 S 74th St #100, Omaha, NE 68114