Marisol was eight years old when her parents brought her to Chicago. She grew up here, graduated from high school here, started college here, got her first job here. The United States is the only country she has ever truly known. When she turned 21, she received her second DACA renewal, but as the next expiration date approached, she started to feel the familiar anxiety. What if she missed the window? What if something had changed? What if the next renewal was different?
For the nearly 600,000 active DACA recipients across the country, renewal is not a routine errand. It is a process that carries enormous weight, and one where timing and accuracy matter deeply. This guide explains what DACA recipients need to know to protect their status, their work authorization, and their future.
What Is DACA?
Deferred Action for Childhood Arrivals (DACA) is a federal policy established in 2012 that allows certain individuals who were brought to the United States as children to apply for protection from deportation and to obtain work authorization. DACA does not provide a path to citizenship or a green card on its own, but it does allow recipients to live and work legally in the United States for renewable two-year periods.
DACA status must be actively renewed, it does not renew automatically. If a recipient allows their DACA to expire, they lose both their protection from deportation and their employment authorization.
When Should You Apply to Renew Your DACA?
USCIS recommends filing your DACA renewal application between 120 and 150 days (roughly four to five months) before your current DACA expires. Filing within this window gives USCIS sufficient time to process your renewal before your current status ends.
If your renewal is filed and your current DACA expires before USCIS processes it, you may experience a gap in your work authorization. This can affect your employment, your driver’s license, and your ability to travel. Applying well in advance is the single most effective way to avoid a gap.
If you have already let your DACA expire, you may still be able to file a renewal rather than a first-time application, depending on how long your DACA has been expired. An immigration attorney can review your specific situation and advise on the correct approach.
What Forms Do You Need to Renew DACA?
A DACA renewal package typically includes the following:
- Form I-821D, Consideration of Deferred Action for Childhood Arrivals
- Form I-765, Application for Employment Authorization
- Form I-765WS, Worksheet (supporting the I-765)
- The correct filing fees (subject to change; verify on the USCIS website before filing)
- A copy of your current Employment Authorization Document (EAD)
- Two passport-style photographs
- Required Supporting Documents
USCIS form versions change periodically. It is essential to use the most current version of each form at the time you file, submitting an outdated form version is one of the most common and easily avoidable reasons for rejection.
Has Anything Changed About DACA Recently?
DACA has faced ongoing legal challenges since 2017, and the program’s future has been subject to real uncertainty. Federal courts have issued rulings that have limited or threatened the program at various points, and the legal landscape continues to evolve.
As of the time of this writing, USCIS continues to accept and process DACA renewal applications for current recipients, though the agency has been precluded from approving first-time DACA applications for most new applicants due to ongoing litigation.
Because the situation can and does change, it is important for DACA recipients to stay informed and to consult with an immigration attorney who tracks these developments closely. The status of DACA in the courts can affect your renewal timeline, your eligibility, and your options for pursuing more permanent immigration status.
Can DACA Lead to a Green Card?
DACA itself does not provide a direct path to a green card or citizenship. However, DACA recipients may be eligible for other immigration benefits that can lead to permanent status, depending on their individual circumstances.
Some DACA recipients have been able to obtain green cards through marriage to a U.S. citizen, through employment sponsorship, or through other family-based categories. The viability of these options depends heavily on how the recipient entered the country, whether there are prior immigration violations, and other case-specific factors. An immigration attorney can evaluate your situation and identify whether any pathway to permanent residency exists for you.
What Should You Do If Your DACA Renewal Is Denied?
DACA renewal denials do occur, though they are less common than initial application denials. Common reasons for denial include criminal history, failure to meet continuous residence requirements, or administrative errors in the application.
If your renewal is denied, USCIS will send a written notice explaining the reason. Unlike many immigration decisions, there is no formal administrative appeal process for DACA denials, but there may be other options depending on the reason for denial. Speaking with an immigration attorney as soon as possible after a denial is critical to understanding what steps, if any, remain available.
Speak With a Chicago DACA and Immigration Attorney Today
At JLB Law Group, we work with DACA recipients throughout the Chicago area and across the country. We help clients file timely, accurate renewals and, where possible, explore pathways to more permanent immigration status. We also stay current on the evolving legal landscape so that our clients are always working from accurate, up-to-date information.
If your DACA is coming up for renewal, or if you have questions about your options as a Dreamer, do not wait. Contact our office today or schedule a consultation through our website. Protecting your status starts with a conversation.
If you’re located in the Chicago area, our Naperville immigration lawyer team at JLB Law Group can guide you through DACA and other protections available to Dreamers. You may also find our related article, What Is a U Visa and Who Qualifies?, helpful.
Frequently Asked Questions
How long does DACA renewal take?
USCIS processing times for DACA renewals fluctuate. Historically, renewals have taken anywhere from a few months to over a year during periods of high volume or staffing challenges. Filing 4 to 5 months before your current DACA expires is strongly recommended to avoid a gap in status.
Does renewing DACA require leaving the United States?
No. DACA renewal is filed within the United States and does not require any travel. If you have DACA and are considering international travel, you should speak with an immigration attorney before leaving the country, as travel without advance parole can create serious complications for your status.
Can I travel outside the U.S. with DACA?
DACA recipients who wish to travel internationally must first obtain advance parole, a separate travel document, before leaving the United States. Departing without advance parole can result in the termination of your DACA and potential bars to reentry. An immigration attorney can help you apply for advance parole if travel is necessary.
What happens to my driver’s license when my DACA expires?
In Illinois, a DACA-based driver’s license is tied to your employment authorization expiration date. If your DACA and EAD expire, your ability to renew your license may be affected. Renewing your DACA on time is the best way to maintain uninterrupted driving privileges. This differs on a state by state basis.