Deferred Action for Childhood Arrivals · Form I-821D
DACA renewals continue. The plan for something more lasting should not wait.
We file DACA renewals and work permits on time, answer travel and arrest questions before they become problems, and review every DACA holder's history for a path to permanent status.
DACA is a decision not to pursue removal for two years at a time. It is not a lawful immigration status, and the government can end an individual grant or start a court case while it is in effect.
Renewals · First-time requests · What DACA is
Where DACA stands depends on which request you are filing.
DACA has been in federal court for years. The current USCIS notice follows a January 17, 2025 decision of the federal appeals court for the Fifth Circuit, and the case is still open in the trial court in Texas.
Accepted and processed
USCIS states that it continues to accept and process DACA renewal requests and the work permit applications filed with them. Current grants stay valid until they expire unless individually terminated.
Renewing on timeAccepted, but not processed
USCIS states that it will accept initial DACA requests but will not process them at this time. Filing one does not give a work permit or protection while it sits.
The DACA criteriaProtection, not status
The regulation calls DACA a temporary forbearance from removal that confers no right to remain. It comes with a work permit on a showing of economic need, and it has no path of its own to a green card.
What it gives and does notRenewing on time
A gap in DACA is a gap in your work permit.
Each grant lasts two years, and the work permit lasts only as long as the grant. A late renewal can mean weeks or months without the right to work.
File between 120 and 150 days before your DACA expires. That is the window USCIS recommends. Filing earlier than 150 days does not get a faster decision.
- Find the date. The expiration date is on your current approval notice and on the work permit card.
- The work permit is part of the request. A DACA request must include the work permit application, and both carry fees.
- Report every arrest to your lawyer first. Certain convictions end eligibility. Get advice before pleading to anything, including a DUI.
- Do not travel without advance parole. Leaving without it and returning without inspection is a ground for terminating DACA.
- Keep your address current. Notices and the new card go to the address USCIS has on file.
The DACA criteria
The dates in the rule have not moved since 2012.
These are the threshold criteria in the regulation. Meeting them does not require USCIS to grant the request; each one is decided case by case.
Arrival and age
You first lived in the United States before your 16th birthday, and you were born on or after June 16, 1981.
Residence and presence
You have lived here continuously since June 15, 2007, and you were physically present and without lawful status on June 15, 2012 and when you file.
School or service
You are in school, finished high school or a GED, or are an honorably discharged veteran of the Armed Forces or Coast Guard.
Record
No felony conviction, no conviction for a listed misdemeanor such as domestic violence or driving under the influence, no three or more other misdemeanors, and no threat to public safety or national security.
Under the rule, expunged convictions and juvenile delinquency adjudications are not treated as disqualifying convictions for DACA. They can still matter for other applications, so tell us about them.
Real protection, real limits
DACA covers the next two years. It does not settle your future.
Both columns come from the regulation itself.
While your grant is in effect
- A decision by DHS not to pursue your removal for the grant period
- A work permit, on a showing of economic need
- Under the rule, no unlawful presence accrues during the grant
- The chance to ask for advance parole to travel
- Limits on using your request to start enforcement against you or your family
Limits that matter for planning
- It is not lawful status and has no path of its own to a green card or citizenship
- It does not stop DHS from starting removal proceedings
- It can be terminated; USCIS usually must send a notice and let you respond first
- A denial cannot be appealed or reopened
- It depends on a court case that is still open
Beyond DACA
Many DACA holders have an option they have not been told about.
The answer usually sits in the details: how you last entered, who in your family is a citizen or resident, and what has happened in your life since you arrived.
A green card through family
A green card filed inside the United States requires an admission or parole. A person who entered with a visa may be able to apply through a spouse or parent. A person who entered without inspection needs a closer look.
Adjustment of statusTravel on advance parole
Once DACA is approved you may ask for advance parole. Travel always carries risk at the border and can affect later applications, so get advice before you book anything.
Advance paroleIf you are placed in court
In April 2026 the Board of Immigration Appeals held that a judge may not end a removal case just because the person has DACA. A DACA holder in court needs a defense of their own, such as cancellation of removal.
Removal defenseCrime victims and survivors of family abuse should also ask about U visas and VAWA.
Private two-minute guide
Where should a DACA review start?
Answer three general questions. The guide suggests where a first review should start; it does not decide eligibility or send your answers to the firm.
Sources
Check today's DACA status here.
USCIS posts court-driven changes on its DACA page. These are the official pages, plus our guides.
DACA questions
Short answers for DACA holders
Court rulings and your own history may change these answers.
Can I still renew DACA?
Yes. As of November 10, 2026, USCIS states that it continues to accept and process renewal requests and the work permit applications filed with them. Check the USCIS DACA page before you file, because this follows court orders.
Can I apply for DACA for the first time?
You can file, but USCIS states that it is not processing initial requests at this time. A pending request gives no work permit and no protection. Have your other options reviewed before paying the fees.
When should I file my renewal?
USCIS recommends filing between 120 and 150 days before the expiration date on your current approval notice. Filing earlier does not speed the decision, and filing later risks a gap in your work permit.
Can DACA lead to a green card?
Not by itself. DACA is not a status and has no path of its own. Some DACA holders qualify through a family member, usually when they entered with inspection or parole. That depends on your own history, which is why we review it at every renewal.
Can I travel outside the United States?
Only with advance parole approved before you leave. Leaving without it and returning without inspection is a ground for terminating DACA, and unauthorized travel interrupts the continuous residence DACA requires. Even approved travel carries risk, so see our advance parole page and get advice first.
Will an arrest or a DUI end my DACA?
An arrest alone is not a conviction, but it must be handled carefully. A felony conviction, a conviction for a listed misdemeanor such as driving under the influence or domestic violence, or three or more other misdemeanors makes a person ineligible. Talk to an immigration lawyer before any plea; see criminal charges and immigration.
Can ICE detain or deport someone who has DACA?
The regulation says a DACA grant does not stop DHS from starting removal proceedings at any time, and in April 2026 the Board held that a judge may not end a case only because the person has DACA. Carry proof of your DACA and work permit, and call a lawyer at once if you are stopped.
What does it cost?
USCIS sets the filing fees, and they change; see our fee guide. Our own fee is flat, quoted in writing after a review, and payment plans are available.
DACA representation at a glance
- Who we represent
- DACA holders and their families in Allentown and across Pennsylvania, New Jersey, and New York. DACA is filed with USCIS, so people elsewhere in the United States can work with us too.
- Languages
- English and Spanish.
- Main forms
- Form I-821D (DACA), Form I-765 (work permit), Form I-131 (advance parole).
- Current status
- Renewals accepted and processed; initial requests accepted but not processed. Confirm on the USCIS DACA page.
- Government fees
- Set by USCIS and subject to change. See the fee guide.
- Our fees
- Flat fee quoted in writing after review; payment plans available.
- Office
- 609 W. Hamilton Street, No. 102, Allentown, PA 18101 · (484) 763-4984
Information reviewed against official sources, including 8 C.F.R. §§ 236.21 to 236.23, the USCIS DACA page, and a decision of the Board of Immigration Appeals, on November 10, 2026. This page provides general information, not legal advice; it does not predict a decision or create an attorney-client relationship. DACA depends on ongoing litigation, and its status, fees, and policies change.
Reviewed and updated
Expiration · Entry · Family
Bring your DACA papers. We will renew on time and tell you what else your history supports.
A first review can start with your last approval notice, your work permit, and what you know about how you first came. Tell us about your family and any court date.
English and Spanish · Allentown · Pennsylvania · New Jersey · New York · Representation where permitted