Deferred Action for Childhood Arrivals

DACA gives certain people who came to the United States as children two things: deferred action, meaning the government agrees not to pursue removal for a period, and eligibility for work authorization. It is granted in two year increments.

What DACA is

DACA is an exercise of prosecutorial discretion, which means the government choosing not to act. It is not lawful status and does not lead to a green card or citizenship by itself.

The program has always been fragile for that reason, and it is why so much depends on the work permit that comes with it.

Renewals

If you hold DACA, do not let the renewal creep up on you. USCIS recommends filing between 120 and 150 days before your current period expires. Filing earlier than 150 days does not speed anything up.

Processing has been slow and unpredictable. If your work permit expires while a renewal is pending, you cannot work during the gap, and that gap can cost you your job even if the renewal is later approved. Filing inside the recommended window is the way to avoid it.

If your DACA lapsed, whether you can still renew depends on how long ago. Past a certain point, USCIS treats the request as an initial one, which is a materially different situation.

First time applicants

DACA has been in continuous federal litigation. Court orders have restricted what the government may grant, and the situation for people who have never held DACA is different from the situation for current recipients. Before filing anything as a first time applicant, talk to a lawyer about what filing would actually accomplish right now.

Travel

Do not leave the United States without advance parole. Departing without it terminates DACA.

Looking further out

Because DACA does not lead anywhere by itself, the more valuable conversation is often about what else you may qualify for. Recipients have found paths through marriage, employment, a qualifying crime they reported, or asylum. Many have never had anyone look.