Who is eligible to renew DACA?
You are eligible to renew DACA if you currently have or previously had DACA status, you have not had a felony conviction or significant misdemeanor, and you do not pose a threat to national security or public safety. USCIS recommends filing your renewal 150–120 days (5–4 months) before your current DACA expires. You can file a renewal even if your DACA has already expired as long as it was not terminated.
What forms do I need to renew DACA?
A DACA renewal requires Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization), and Form I-765WS (Worksheet). All three forms must be submitted together. The combined filing fee is $495. USCIS does not accept fee waivers for DACA renewals. File by mail to the correct USCIS lockbox facility — check uscis.gov for current filing addresses.
How long does DACA renewal processing take?
Current USCIS processing times for DACA renewals vary but typically range from 3 to 8 months. USCIS does not expedite DACA renewals. This is why filing early — at least 4–5 months before expiration — is important. You can check your case status online at egov.uscis.gov using the receipt number on your I-797 Notice of Action.
Can I travel outside the United States with DACA?
Travel outside the U.S. requires advance parole — a separate USCIS authorization obtained through Form I-131. DACA alone does not authorize international travel. Leaving the U.S. without advance parole can terminate your DACA and bar you from returning. Advance parole is typically approved for humanitarian, educational, or employment purposes and is evaluated case by case.
What documents should I submit with my DACA renewal?
For a renewal you generally do not need to resubmit documents proving continuous presence or age — USCIS has those from your initial application. Include: your completed I-821D, I-765, and I-765WS; a copy of your most recent EAD (employment authorization card); the $495 filing fee in the correct payment form; and two passport-style photos. Keep a complete copy of everything you submit.
What happens if my DACA expires before my renewal is approved?
If you filed your renewal before your DACA expired, USCIS automatically extends your employment authorization for up to 180 days from your expiration date while your renewal is pending. Show your employer your expired EAD along with your I-797 receipt notice to document this automatic extension. If USCIS denies your renewal, the 180-day extension ends immediately.
Can I work while my DACA renewal is pending?
Yes, if you filed your renewal on time (before your current EAD expired), your employment authorization is automatically extended for up to 180 days. Provide your employer the combination of your expired EAD and your USCIS receipt notice. If your employer re-verifies your I-9, present both documents. Do not present documents suggesting different dates or status than your actual situation.
What does "deferred action" mean under DACA?
Deferred action is a discretionary decision by DHS to temporarily pause removal proceedings against an individual. It is not a path to citizenship or permanent residency, does not create lawful status, and can be rescinded. DACA grants deferred action for two-year periods and allows recipients to apply for work authorization. Recipients must renew every two years to maintain their protection.
What happens if USCIS denies my DACA renewal?
DACA denials are not subject to administrative appeal. If denied, USCIS will send a written notice explaining the reason. You may be able to file a motion to reopen or reconsider if you believe USCIS made an error. Denial does not automatically trigger removal proceedings, but it does end your deferred action and work authorization.
Do I need to disclose arrests or charges on my DACA renewal?
Yes. Form I-821D asks whether you have been arrested, charged, or convicted of a crime. You must answer honestly. An arrest without a conviction is not automatically disqualifying, but concealing it is. If you have any criminal history — even minor — gather certified court disposition records before filing. Certain convictions including felonies and significant misdemeanors disqualify you.
Can a notario or immigration consultant help me file DACA?
In many states, non-attorneys who charge fees for immigration help are operating illegally unless they are accredited representatives. "Notarios" and unlicensed "immigration consultants" often file incorrect or fraudulent applications. USCIS forms are free at uscis.gov and the process does not legally require a paid preparer. uplaw.ai guides you through every field without charging for the forms.
How do I check the status of my DACA renewal?
Visit egov.uscis.gov/casestatus and enter the receipt number from your I-797 Notice of Action. You can also call the USCIS Contact Center at 1-800-375-5283 or visit a local USCIS field office. USCIS also sends status updates by mail to the address on your application — keep your address current by filing Form AR-11 if you move.
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