DACA Renewal

If you have been approved for DACA, we can assist you with your DACA renewal.

Schedule a consultation with one of our immigration attorneys.

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What is DACA?

Deferred Action for Childhood Arrivals (DACA) is a program instituted by the Obama Administration in 2012. Through DACA, individuals who came to the U.S. as children, otherwise known as “Dreamers,” can receive certain temporary protections, including safeguards against removal or deportation. Under the program, DACA recipients can obtain work authorization, allowing them to meaningfully contribute to and engage with their communities.

In 2022, the DACA final rule was published that completely upended existing rules and regulations, leading to confusion and uncertainty for those who had been receiving protections under DACA. On September 13, 2023, a federal judge in the Southern District of Texas ruled that DACA was unlawful.

Since that ruling, it’s not possible to process first-time applications for the program. However, renewal applications are still being processed.

As the political and legal situation surrounding DACA is highly complex, it’s important to work with an experienced and empathetic lawyer. A skilled immigration lawyer from Vasquez, Asker & Rojas Law Group can help you understand the rights and benefits you have under DACA while assisting you with the renewal process.

How do I renew my DACA?

As of July 2024, DACA renewal applications are not being accepted for Dreamers who have had their status expired for over a year. However, they can still submit an application with USCIS. It will not, however, be processed until the agency receives new directives from court or legislative authorities.

To ensure that you are currently eligible for renewal, it is highly encouraged to apply for your renewal 120 to 150 days before your DACA expiration date. Currently, the application requirements for a DACA renewal application are extensive, including rigorous documentation and proof that you meet the requirements.

Who is eligible?

Individuals are eligible to renew their DACA status if:

They have not departed the United States on or After August 15, 2012, without advance parole.
They have continuously resided in the United States since they submitted their most recent DACA request which was approved by USCIS.
They have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public security.

Advance Parole

USCIS continues to accept and adjudicate applications for advance parole for current DACA recipients. You must have a qualifying reason to travel abroad.

Education
Examples include study abroad programs, academic research, and student-athlete traveling to participate in sporting events.

Employment
Examples include overseas work assignments, conferences, interviews, training, or client meetings.

Humanitarian
Examples include attending a funeral, visiting an ailing relative, or seeking medical treatment.

Do not use the assistance of notarios to renew your DACA status. Notarios represent themselves as qualified to offer legal advice or services concerning immigration or other matters of law, but they have no such qualification and routinely victimize members of immigration communities.

Let our experienced immigration attorneys guide you through the DACA renewal process.

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Frequently Asked Questions

What is the latest information regarding Deferred Action for Childhood Arrivals (DACA)?

On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the DACA Final Rule unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule. However, the court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021.” Accordingly, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated. In accordance with this decision, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations. USCIS will also continue to accept but not process initial DACA requests.

Is the DACA policy over?

No. While the court order does not allow USCIS to approve initial DACA requests, they are presently able to continue processing DACA renewals and associated applications because the court maintained a partial stay of its injunction for “all DACA recipients who received their initial DACA status prior to July 16, 2021.”. While USCIS will continue accepting initial DACA requests, the ongoing injunction and partial stay continue to prohibit DHS from granting initial DACA requests after July 16, 2021 and their accompanying requests for employment authorization. USCIS will continue to adjudicate requests for DACA renewals and associated applications for Employment Authorization Documents (EADs) and advance parole.

I had DACA and it expired within the last 12 months. Am I eligible to renew?

If you file after your most recent DACA period expired, but within one year of its expiration, a new request is considered a renewal request, not an initial request under preexisting policy, and you may submit a request to renew your DACA. The court orders have not disturbed the filing process for DACA renewals.

If it has been more than one year since my last grant of DACA expired, can I still apply for renewal?

If you submit a DACA request more than one year since your last grant of DACA expired or after your most recent DACA grant was terminated (at any time), your request is considered an initial request, not a renewal, under preexisting USCIS policy. USCIS can accept initial DACA requests. They will issue you a receipt notice and accept your payment. However, in compliance with the court order they will not further process your request while the court order is in effect. This means they cannot approve or deny your initial DACA requests while the court order is in effect.

I have DACA and I need to travel abroad for emergency reasons now. What should I do?

If you currently have DACA, you may apply for advance parole. If you are experiencing an extremely urgent situation, you may request an emergency advance parole appointment at your local field office through the USCIS Contact Center.

Ready to start the DACA renewal process?

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