Practice Area

DACA

We help DACA recipients renew on time, keep work authorization current, and understand how ongoing litigation affects their options.

Overview

Deferred Action for Childhood Arrivals (DACA) is a policy that allows certain people who came to the United States as children to request deferred action — a discretionary decision by the government not to pursue removal for a period of time, typically two years at a stretch. Along with deferred action, recipients may apply for employment authorization, which lets them work lawfully and obtain a Social Security number. It is important to understand what DACA is not: it is not a lawful immigration status, and it does not by itself lead to a green card or citizenship.

Because of ongoing federal court litigation, USCIS is currently processing DACA renewal requests, while initial (first-time) requests have been limited. Court orders in these cases have changed the rules more than once, and further changes are possible. If you have DACA now, the most important thing you can do is renew on time so you avoid a gap in deferred action and work authorization.

We also strongly advise recipients to speak with an attorney before traveling outside the United States. Advance parole for DACA recipients is available only in narrow circumstances, and leaving without it can have serious consequences. Our office monitors the litigation closely and can help you plan around it.

Who Qualifies

The original 2012 DACA guidelines set out specific requirements. A person could request DACA if they met all of the following:

  • Arrived in the United States before their 16th birthday;
  • Continuously resided in the United States since June 15, 2007;
  • Were under age 31 as of June 15, 2012;
  • Were physically present in the United States on June 15, 2012, and at the time of filing the request;
  • Had no lawful immigration status on June 15, 2012;
  • Were in school, had graduated or obtained a GED, or were an honorably discharged veteran of the U.S. Coast Guard or Armed Forces; and
  • Had not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and did not otherwise pose a threat to national security or public safety.

If you already have DACA and continue to meet the guidelines, you can request renewal. If you have any arrest or criminal history — even a case that was dismissed — talk to an attorney before filing.

Process Steps

  1. Confirm eligibility and your renewal window

    We review your history and any changes since your last grant, then confirm the right time to file. USCIS recommends filing a renewal 120 to 150 days before your current DACA expires.

  2. Prepare the forms

    A request includes Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization), and the I-765WS worksheet, along with the required filing fees.

  3. Gather supporting evidence

    Renewals usually need less documentation than initial requests, but we confirm nothing has changed — and assemble records for anything that has, such as address changes or any police contact.

  4. Attend biometrics, if scheduled

    USCIS may schedule a biometrics appointment to collect fingerprints and a photo for background checks. Attend as scheduled, or reschedule promptly if you cannot.

  5. Receive the decision and new EAD

    If approved, you receive a new grant of deferred action and a new Employment Authorization Document, typically valid for two years. Update your employer records as needed.

  6. Calendar the next renewal

    We note your new expiration date and the 150-day mark so the next renewal goes out on time. Filing on schedule is the best protection against a lapse.

Timeline

Processing times shift with USCIS workloads and court developments, but renewals filed cleanly and on time generally follow this pattern:

StageTypical time
Receipt notice after filingAbout 2–4 weeks
Biometrics appointment, if requiredA few weeks after filing
Renewal decisionTypically a few months
New EAD arrivesShortly after approval

These are estimates, not guarantees. Times vary by case and service center, and the ongoing litigation may change how — or whether — requests are processed. We will give you a current assessment when we review your case.