Navigating the DACA Renewal Process: A Comprehensive Guide for Dreamers

Now is the time to work on your DACA renewal. An upcoming court case on the future of the DACA program will appear before conservative judges. The incoming administration has made no secret of its distaste for immigrants, and it is unlikely to do anything to help Dreamers. Even so—as of this writing—anyone who has already received DACA status still has the right to renew it.

How DACA Worked and How It Still Works

DACA (Deferred Action for Childhood Removals) was initially established in 2012 to protect undocumented immigrants who were brought to the United States as children. The program allows the government to choose to defer action—that is, choose not to pursue removal—for immigrants who were:

• Born on or before June 16, 1981
• Brought to the US before age 16
• Continuous residence in the US since June 15, 2007, and up to the time of their filing for DACA
• Physically present in the US on June 15, 2012, and at the time of their filing
• Without a lawful immigration status on June 15, 2012, and at the time of their filing
• A high school graduate/GED holder, enrolled in school, or an honorably discharged US servicemember
• Never convicted of a felony, a “significant misdemeanor,” or three or more misdemeanors; not “otherwise pos[ing] a threat to national security or safety”

See more. Anyone meeting these criteria could submit a request for deferred action on their removal—DACA status—and permission to work in the US.
It is still possible to submit an initial DACA request, Form I-821D, together with a work authorization request, Form I-765. Unfortunately, while the USCIS can accept new DACA applications, it cannot process them before a resolution in the ongoing litigation over the future of the DACA program.

Court Challenges and the Future

The legal challenges to DACA have been complicated and long drawn out. To put it briefly, a federal judge in Texas declared President Biden’s DACA regulations unlawful on July 16, 2021, and renewed that order on September 13, 2023. The Texas district court issued an injunction to the government—it can accept new DACA applications but cannot process them. However, the injunction does permit renewals of DACA status and employment authorization (EAD) for those who received them prior to July 16, 2021.

The government has appealed this case. But with the upcoming change in presidential administrations and the well-known inclinations of the Fifth Circuit Court of Appeals and the Supreme Court, the future for this litigation is dim.

It is not easy to know what the government will do in the months to come. But we do know what we can do today. Until further notice, you have the right to renew your DACA status and EAD—so long as you are still eligible.

The DACA Renewal Process

DACA status lasts for two years. The USCIS encourages filing for renewal between 120 and 150 days before the expiration date, but you can also file earlier. You can file renewal requests online.

If your DACA status expired over a year ago, you are not eligible to renew. Your application will be received as an initial request, not a renewal, and will remain on hold.

To renew your DACA status, you must still qualify under the initial requirements as listed above. As with an initial application, you must file Forms:

• I-821D, Consideration of Deferred Action for Childhood Arrivals
• I-765, Application for Employment Authorization
• I-765WS, Worksheet

You will need to provide updates since your last DACA renewal or initial approval. They will want to know:

• The status of any removal proceedings
• Any change in marital status
• Any addresses where you resided
• The dates of any absences from the US and the reason for travel
• Education information, if any
• Military status, if any
• Any arrests or charges for felonies or misdemeanors, together with supporting documents

Loss of Eligibility

You can lose your eligibility for criminal convictions—a felony conviction, three or more misdemeanor convictions, or one “significant misdemeanor” conviction. In this context, a significant misdemeanor is:

• “one for which the maximum term of imprisonment authorized is 1 year or less but greater than 5 days”; or
• one involving domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, or driving under the influence; or
• one for which you were sentenced to 90 days in custody or more (not including a suspended sentence)

See 8 CFR 236.22(b)(6). However, juvenile delinquency adjudication and expunged convictions do not disqualify you.

Any travel you took outside the US without authorization will interrupt your period of continuous residence—also a potential disqualification. Please get in touch with an experienced immigration attorney if you have acquired any possible disqualifications for your DACA renewal.

Compassion, Strength, and Defense

The next few years will be tough on all of us who are fighting for rights—their own or others—in the immigration system. There’s no reason to make it tougher by going it alone. Attorney Aaron G. Christensen can help you navigate DACA renewals, fight deportation, and handle any immigration issue you may face. Él habla español también.

Call 346-423-2375 to set up a free first consultation in Attorney Aaron’s Houston office. You can also make a phone appointment—the fee is $50, but it is free if you call from outside Texas.