DACA Renewal Issues.

If you have already been granted DACA, it is still possible to renew your status even if it has already expired. If it has been less than a year since your DACA was revoked or expired, this will be considered a renewal application. If your DACA expired more than a year ago, then any request you send to USCIS will be treated as an initial request.

At this time, USCIS will accept late initial requests and initial renewal requests, but it is currently unable to grant them. If you submit an initial request, USCIS will not refund your processing fee, and in some cases, it may hold on to your request if it remains undecided.

Currently, the Fifth Circuit Court of Appeals is dealing with litigation that challenges DHS’s authority to process DACA recipients. The Fifth Circuit’s January 17, 2025 decision held the DACA Final Rule substantively unlawful, limited the injunction to Texas, and maintained the stay as to existing recipients pending further appeal. However, this decision only applies to those already in the DACA program, and it does not affect those applying for DACA for the first time.

Importantly, the Fifth Circuit’s decision is a temporary one, and its effects remain up in the air. It requires DHS to keep the renewal process open and to accept all applications, but it does not actually require the agency to continue granting them. Because of this, the process of obtaining DACA will only grow increasingly complex, making the stakes of a failed application significantly higher.

If you are a DACA recipient in the United States, you will still need to be extremely careful about making sure your request meets all current requirements for a successful application. USCIS now uses highly rigorous review and screening processes to assess the background of every single person who applies for DACA, and if your initial request does not get granted, you may face various other adverse immigration consequences.

Which convictions and arrests can block a DACA renewal?

If you have a criminal record, it is extremely important to carefully assess what you should disclose when seeking DACA renewal. Many criminal offenses can disqualify a DACA applicant, and if you have a criminal record, you will likely need to be prepared to offer a thorough explanation or obtain official records before filing your request with USCIS. These records will be crucial for showing that you remain eligible for DACA, and failing to meet the government’s strict expectations for disclosure can, unfortunately, lead to your request being rejected.

Arrests and Other Records

If you were arrested in the United States but not convicted of a criminal offense, USCIS may still ask you for an explanation. While USCIS may be able to determine the outcome of your arrest from its own federal and state records, this should not be taken lightly. If you’re not prepared to show that the arrest did not lead to a conviction, it can still raise questions that could negatively impact your DACA renewal.

Convictions That Are Most Likely to Qualify as “Significant”

A DACA recipient will be disqualified for having a felony conviction if:

• The person was convicted of a felony offense
• The offense in question was considered a felony offense at the time of conviction
• The offense in question is considered a felony offense under current state or federal law

While a felony conviction will almost certainly disqualify you, a misdemeanor conviction can make it very difficult for you to get DACA renewal if it is considered “significant” under the policy. The exact definition of “significant misdemeanor” is somewhat flexible, although certain offenses tend to more easily justify this classification. These include offenses involving:

• Sex crimes
• Domestic violence
• Drug-related crimes
• Crimes involving firearms or weapons offenses
• Driving under the influence (DUI) or other alcohol/drug-related crimes

If your misdemeanor conviction involved one of these offenses, it will likely qualify as “significant,” and you could be barred from continuing to benefit from DACA. Additionally, a misdemeanor not otherwise listed may be a disqualifying significant misdemeanor if the person was sentenced to more than 90 days in custody, excluding a suspended sentence.

Three or More Non-Significant Misdemeanors

If you have not been convicted of a felony and do not have a single “significant” misdemeanor conviction, three or more non-significant misdemeanor convictions could also disqualify you from continuing to benefit from DACA.

“I am a straight shooter,” Todd Spodek says of his own practice. “I tell clients exactly where their case stands.”

How do filing date, payment, and USCIS follow-up affect renewal?

When Should You File for a DACA Renewal?

Currently, the best time to file for DACA renewal is between 120 and 150 days before your current status expires. This timing allows your request to be processed through USCIS, without you having to worry about having your authorization lapse (and losing your job), while also giving USCIS time to notify you if you need to do anything else. If you need help with your DACA renewal application, please feel free to reach out to our lawyers today.

Filing DACA Renewals Online

If you are a current DACA recipient, you may be able to file your renewal request electronically through an account with USCIS. To do this, you must have had a DACA renewal request approved, and you must not have a pending initial request. If you are eligible to renew online, you can complete the appropriate forms online, submit a digital copy of your proof of identity, and pay the processing fee electronically.

When filing for a DACA renewal online, you will need to complete Forms I-821D, I-765, and I-765WS. USCIS uses the online processing platform for most of its DACA renewal applications, and it has a user-friendly process as well. For those that need to file their renewal by mail, a request will still need to complete these forms, but they will need to be mailed in with hard copies of the individual’s identity documents.

What is the Cost of Renewing DACA?

According to current guidance, the cost of filing a DACA renewal request online is $555. If you have to file by mail, the cost is currently $605. With these fees, the application process is generally straightforward, and you should not run into issues unless you make a clerical error. Unfortunately, USCIS will reject a filing if the electronic payment is declined for any reason, as the payment must be made in full at the time of filing for a request to be accepted for processing.

What Other Follow-up May be Required from USCIS?

After submitting a DACA renewal application, your only need for contact with USCIS will be if the agency requires additional information or documentation from you. However, due to heightened review, USCIS now frequently requests additional information from prospective DACA beneficiaries, including proof of identities, residency, and background screening, for a reason that is not entirely clear.

What changes after DACA termination or travel without advance parole?

If your DACA status was terminated for cause, for example, if your DACA status was revoked following a conviction, this generally means that you will not be able to renew your status through an ordinary renewal request. Instead, you will likely need to make an entirely new initial request, and you will be subject to all of the additional screening and approval process restrictions that apply to new applicants.

Similarly, leaving the United States without advance parole is another common risk for DACA recipients that can have serious consequences. While travel without advance parole generally prevents you from being able to renew your DACA status going forward, it can also lead to severe penalties. Travel without advance parole can create serious immigration consequences, including possible denial of admission or other consequences depending on the individual’s circumstances.

Fortunately, at this time, advance parole remains available to current DACA recipients under current guidance. Advance parole allows recipients to travel to safe third-country nations without jeopardizing their DACA status, and it can be used in special circumstances for travel to Mexico and Canada as well.

However, travel under advance parole does not eliminate any of the inherent risks of leaving the country. While traveling under advance parole, DACA recipients will still be subject to inspection at the port of entry upon returning to the U.S. If a DACA recipient is deemed ineligible for reentry, this can lead to legal penalties, long-term separation from family and friends, and immediate loss of employment.

If you intend to apply for advance parole, the process should be handled electronically through USCIS, and according to current guidance, the online filing cost for advance parole is $580. If you have questions about the eligibility requirements for advance parole, or if you would like assistance with preparing an application for advance parole, please do not hesitate to get in touch with our lawyers today.

Talk to Spodek Law Group

Every case turns on its own facts, and general information is no substitute for advice about yours. Todd Spodek, managing partner of Spodek Law Group, and the firm's attorneys defend federal criminal and white collar matters nationwide. Reach the firm at 888 348 8028.