DACA renewal: what is still possible and how to file on time

Where DACA stands for current recipients

DACA is not a legal status and does not lead to a green card on its own. It is deferred action, a decision by the government not to pursue removal for a period of time, together with eligibility for an employment authorization document. Current DACA grants and the related work permits generally remain valid until they expire unless they are individually terminated.

Federal courts have ruled on DACA several times, and the scope of what USCIS may do has shifted with those rulings. This guide describes the program as USCIS presents it on its official DACA page. Read that page and its litigation updates before filing, since a new decision can change what USCIS accepts or processes.

When to file your renewal

USCIS recommends filing a renewal between 150 and 120 days before the expiration date shown on your current Form I-797 approval notice. Filing in that window reduces the risk that your deferred action and work permit lapse before a decision. USCIS has said that filing earlier than 150 days before expiration will not produce a faster decision.

If your DACA has already expired, how long ago it expired matters. USCIS treats some late requests as renewals and others as new initial requests, and initial requests are currently not being processed. Talk to an attorney or a DOJ-accredited representative before you file a request after expiration.

• Form I-821D, Consideration of Deferred Action for Childhood Arrivals
• Form I-765, Application for Employment Authorization, with the I-765 Worksheet
• Copies of any new documents since your last request, such as court records

Arrests, court cases and travel

DACA renewal asks whether you have been arrested, charged or convicted since your last approval. A conviction for a felony, a significant misdemeanor or multiple misdemeanors can make you ineligible, and some offenses that seem minor under California law may count as significant for DACA. Get certified dispositions for any case and have them reviewed before you file.

Leaving the United States without advance parole can end your DACA. Even with advance parole, travel carries risk, and the rules for granting advance parole to DACA recipients have changed over time. Do not travel abroad until an attorney has reviewed your case.

Looking beyond DACA

Many DACA recipients have another route they have never explored, such as a petition through a US citizen spouse or adult child, a U visa as a crime victim, or adjustment of status after a lawful entry with advance parole. These options depend on your exact entry history, so ask for a full screening rather than only a renewal.