DACA: renewal, travel and risks

Where it stands today

• USCIS accepts and decides DACA renewals and the related work permits. It recommends filing between 120 and 150 days before expiration; filing earlier than 150 days does not speed the decision.
• USCIS accepts initial requests but does not decide them, because of a court order still in effect (USCIS notice of January 17, 2025). Someone who never had DACA may file, but should not count on an approval.
• DACA is not an immigration status or a path to a green card. It is a two-year, renewable decision not to deport, with a work permit.
• It is not granted to anyone convicted of a felony, a significant misdemeanor, or three or more misdemeanors on different dates, or whom the government considers a public-safety risk.
• With DACA in effect you can request travel permission (advance parole) for educational, employment or humanitarian reasons. A return with permission can change some people's future options.

What the attorney does

• Calendars your renewal and files it inside the window, with proof of continuous presence and without errors that cause delays.
• If you have an arrest or charge, analyzes before filing whether it affects the renewal, and coordinates with criminal defense to avoid a disqualifying conviction.
• Evaluates advance parole: what it is for, what risk it carries, and whether in your case it opens a path (for example, adjustment through a citizen spouse after a return with permission).
• Reviews any other available path: family petition, U visa, VAWA, cancellation of removal.

What to bring to the consultation

• Latest DACA approval notice (I-797) and work permit.
• Any arrest, citation or conviction since the last renewal, with the court papers.
• Passport and prior travel permissions.
• Proof of continuous presence since the last approval: work, school, address.
• If married to a citizen or resident, the marriage certificate.

Common questions

I never had DACA. Can I request it now?

USCIS accepts the request but does not decide it while the court order remains in effect. The attorney explains what filing today means and what other paths exist for your case.

I was arrested for driving without a license. Do I lose DACA?

A minor traffic offense usually does not disqualify, but it depends on the exact statute and how the case ends. Consult before pleading guilty to anything.

Can I leave the country with DACA?

Only with travel permission approved before leaving. If you leave without it, USCIS can terminate your DACA and you will very likely not be able to return. And even with permission, there are border risks worth reviewing first.

What if DACA ends completely?

Grants already issued remain valid until their expiration date unless individually terminated. What matters is having your next path identified before that happens.

Can I get a green card through my citizen wife?

If you entered with inspection or returned with travel permission, often yes. If you entered without inspection and never left with permission, the path is usually consular with a waiver. It is analyzed with your exact dates.