Guidance for DACA Renewals, Work Permits, and Immigration Options

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Deferred Action for Childhood Arrivals, commonly known as DACA, has helped many young immigrants continue building their lives in the United States. For eligible recipients, DACA can provide temporary protection from removal and the ability to request employment authorization. However, DACA rules have been affected by years of litigation, court orders, and policy changes.

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If you currently have DACA, previously received DACA, or are uncertain about how the latest court decisions affect you, speak with a knowledgeable Fort Myers immigration lawyer before submitting an application.

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The attorneys at YVES Immigration Law help individuals and families understand their rights, prepare DACA renewal requests, address potential complications, and explore whether another immigration option may offer more permanent protection.

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What Is DACA?

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DACA is a discretionary immigration policy that allows certain individuals who came to the United States as children to request deferred action. Deferred action generally means that the federal government agrees, for a limited period, not to pursue the recipient’s removal as an exercise of prosecutorial discretion.

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A person granted DACA may also qualify for an Employment Authorization Document, commonly called a work permit. DACA is generally granted for a two-year period and may be renewed when the recipient continues to satisfy the applicable requirements.

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DACA does not provide lawful permanent resident status, citizenship, or an automatic path to either one. It is a temporary and discretionary form of protection that may be terminated or denied based on the circumstances of an individual case.

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Important Current DACA Update

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As of July 16, 2026, USCIS continues to accept and process eligible DACA renewal requests and the accompanying applications for employment authorization. USCIS also accepts initial DACA requests, but current court orders prevent the agency from processing or approving those initial requests.

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This distinction is extremely important. Someone who has never received DACA may be permitted to submit an initial request, but USCIS cannot currently adjudicate that request. A person who already has DACA, or whose DACA expired recently enough to qualify as a renewal, may still be able to obtain a decision.

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Because DACA litigation continues to develop, applicants should obtain current legal advice rather than relying on outdated information from social media, friends, or older online articles.

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Who May Qualify for a DACA Renewal?

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A person may generally request a DACA renewal when the person:

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• Previously received DACA;

• Did not leave the United States on or after August 15, 2012, without advance parole;

• Has continuously resided in the United States since submitting the most recent approved DACA request; and

• Has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors and does not otherwise present a threat to national security or public safety.

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Every case is reviewed individually. An arrest, criminal charge, traffic offense, departure from the United States, use of false documents, or other immigration issue should be discussed with an attorney before filing.

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USCIS generally permits a person to file a renewal request after DACA expires when the filing occurs within one year of the expiration date. When more than one year has passed, USCIS treats the filing as an initial request rather than a renewal. Because initial requests are not currently being adjudicated, allowing DACA to remain expired for more than one year can have serious consequences.

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When Should You Renew DACA?

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USCIS recommends submitting a DACA renewal request approximately 120 to 150 days before the expiration date shown on the recipient’s current approval notice and work permit. Filing during this recommended window can reduce the risk of a gap in deferred action or employment authorization, although processing times cannot be guaranteed.

Waiting until the last minute can create significant problems. If a work permit expires before the renewal is approved, the recipient may lose employment authorization and could experience difficulties with work, identification documents, or other important matters.

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​A Fort Myers DACA attorney can help calculate the appropriate filing window, confirm the expiration date, and prepare the renewal package before time becomes critical.

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What Forms Are Required for a DACA Renewal?

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A DACA renewal filing generally includes:

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• Form I-821D, Consideration of Deferred Action for Childhood Arrivals;

• Form I-765, Application for Employment Authorization;

• Form I-765WS, Worksheet;

• Supporting documentation when necessary;

• Copies of the applicant’s current or prior DACA documents;

• The required filing fees; and

• Any necessary explanation concerning changes since the previous application.

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USCIS requires Form I-821D to be filed together with Forms I-765 and I-765WS. Using an outdated form, omitting a signature, paying an incorrect fee, or failing to answer a required question can cause rejection or delay.

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YVES Immigration Law can review the forms for accuracy and consistency before the request is submitted.

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What Evidence May Be Needed?

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Straightforward renewals may not require applicants to resubmit all the evidence included in their first DACA request. However, additional documentation may be necessary when something has changed.

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Applicants should tell their attorney about:

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• Arrests, citations, or criminal charges;

• Court appearances or pending criminal cases;

• Travel outside the United States;

• Changes in name, address, or marital status;

• Prior immigration court proceedings;

• Contact with immigration officers;

• A previous DACA denial or termination;

• Errors in an earlier application; or

• Any use of another person’s identity or documents.

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Applicants should never conceal an arrest or assume that a dismissed case does not matter. Immigration applications frequently require disclosure even when charges were dismissed, reduced, sealed, or expunged.

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Attorneys can review certified court records and determine how an incident should be explained to USCIS.

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Can a Criminal Record Affect DACA?

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Yes. Criminal history is one of the most important issues in a DACA case.

A felony, significant misdemeanor, or three or more other misdemeanors may prevent a person from satisfying the standard DACA guidelines. USCIS may also deny deferred action as a matter of discretion based on conduct that it considers a public-safety concern.

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Not every arrest automatically results in a denial, but the exact charge, court disposition, sentence, and surrounding circumstances matter. Applicants should obtain a legal assessment before submitting fingerprints or providing information to USCIS.

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YVES Immigration Law can review the immigration consequences of an applicant’s record and help determine whether filing is advisable.

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DACA and Employment Authorization

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DACA recipients may request an Employment Authorization Document by filing Form I-765 and Form I-765WS with Form I-821D. Employment authorization can allow recipients to work legally in the United States during the period shown on the work permit.

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A DACA recipient should carefully monitor the expiration dates on both the DACA approval notice and employment authorization card. Employers generally cannot continue employing someone after that person’s work authorization expires unless another valid basis for employment authorization applies.

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Legal assistance can be especially valuable when a recipient is approaching expiration, has a delayed application, or receives a Request for Evidence from USCIS.

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Does DACA Provide a Green Card or Citizenship?

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DACA by itself does not provide a green card or U.S. citizenship. However, some DACA recipients may have a separate basis for obtaining lawful immigration status.

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Possible options may include:

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• A family-based immigration petition;

• Marriage to a U.S. citizen or lawful permanent resident;

• An employment-based immigration opportunity;

• A U visa for certain crime victims;

• Relief under the Violence Against Women Act;

• Asylum or another humanitarian form of protection;

• Special Immigrant Juvenile Status;

• Cancellation of removal; or

• Consular processing or adjustment of status when legally available.

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Eligibility depends on the person’s immigration history, manner of entry, family relationships, criminal record, prior removal orders, unlawful presence, and other factors.

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One of the most important services an immigration lawyer can provide is looking beyond the DACA renewal itself. A complete immigration review may reveal an option that the applicant did not know was available.

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How YVES Immigration Law Can Help

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DACA applications require applicants to provide sensitive personal, immigration, and criminal-history information to the federal government. Filing without understanding the possible risks can lead to serious consequences.

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The attorneys at YVES Immigration Law can assist by:

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• Reviewing your current and previous DACA documents;

• Determining whether your filing qualifies as a renewal;

• Identifying criminal or immigration issues before filing;

• Preparing Forms I-821D, I-765, and I-765WS;

• Organizing supporting documentation;

• Checking the application for inconsistencies or omissions;

• Responding to USCIS notices or Requests for Evidence;

• Reviewing possible alternatives to DACA;

• Explaining the effect of travel or advance parole; and

• Advising you about changes in DACA rules and litigation.

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The firm works closely with clients and provides legal services based on each person’s needs. Its immigration team assists with USCIS applications and immigration court matters and guides clients through the required process.

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Frequently Asked Questions About DACA

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Can I apply for DACA for the first time?

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USCIS currently accepts initial DACA requests but cannot process or approve them because of existing court orders. A lawyer can explain what submitting an initial request would mean and evaluate whether you have another available immigration option.

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Can I renew DACA after it expires?

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You may generally submit a renewal request when your DACA expired less than one year ago. When it has been expired for more than one year, USCIS treats the filing as an initial request, which it cannot presently adjudicate.

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Can I renew DACA online?

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USCIS allows qualifying renewal applicants to file online. However, online filing does not eliminate the need to carefully review eligibility, disclose criminal history, and submit accurate information.

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What happens if USCIS requests more evidence?

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USCIS may issue a Request for Evidence when it needs additional documents or explanations. The request will contain a deadline. Failing to respond properly and on time may result in a denial.

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Can I travel internationally with DACA?

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A DACA recipient should not leave the United States without first obtaining appropriate legal advice and, when available and appropriate, advance parole. Departing without authorization may create serious immigration consequences. Travel eligibility and risks should be evaluated individually.

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Is DACA guaranteed to be approved?

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No. DACA is discretionary. Meeting the basic guidelines does not guarantee approval, and USCIS may examine the entire record when deciding whether to grant deferred action.

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Speak With a Fort Myers DACA Lawyer

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Do not wait until your DACA or work permit is about to expire. Early preparation provides more time to gather documents, address potential problems, and submit a complete renewal request during the recommended filing window.

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YVES Immigration Law maintains its main office at 8359 Beacon Boulevard, Suite 101, Fort Myers, Florida 33907. The firm offers scheduled consultations and provides contact options for English- and Spanish-speaking clients.

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Contact YVES Immigration Law to schedule a consultation with a Fort Myers immigration attorney.

 

The firm can review your DACA history, explain how current court orders affect your case, prepare your renewal request, and investigate whether you may qualify for a more permanent immigration solution.

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Immigration laws, court orders, filing fees, forms, and agency policies can change.

This page provides general information and is not a substitute for legal advice concerning an individual case.