DACA Renewal in 2026: What You Need to Know About the Process and Timeline
The Deferred Action for Childhood Arrivals (DACA) program continues to provide critical protections for hundreds of thousands of individuals who were brought to the United States as children. If you are a current DACA recipient, timely renewal is essential to maintaining your work authorization and protection from deportation. This guide covers everything you need to know about the DACA renewal process in 2026, including the current legal landscape, filing requirements, costs, and common mistakes to avoid [VERIFY - dated 2026-05].
At J. Lee & Associates, we have assisted numerous DACA recipients in Georgia through the renewal process. The information below reflects current USCIS guidance, but given the ongoing legal challenges to the program, we strongly recommend consulting with an immigration attorney before filing.
Current Status of the DACA Program in 2026
The DACA program has been the subject of extensive litigation since its inception in 2012. The program was established through executive action by the Obama administration, and its legal authority has been challenged in multiple federal courts. As of 2026, USCIS continues to accept and process DACA renewal applications for current recipients under existing court orders. However, initial DACA applications (for individuals who have never had DACA) remain subject to the injunction issued in Texas v. United States, No. 1:18-CV-00068 (S.D. Tex.) [VERIFY - dated 2026-05].
It is critical for current DACA recipients to understand that while renewals are being processed, the program's long-term future remains uncertain. Congress has not passed legislation to provide permanent status for DACA recipients, and judicial decisions continue to shape what USCIS can and cannot do with the program.
Who Can Renew DACA?
You are eligible to renew your DACA if you:
- Currently have or previously had DACA (your most recent DACA status has not been terminated)
- Have not departed the United States without advance parole since your last DACA grant
- Have not been convicted of a felony, a significant misdemeanor, or three or more non-significant misdemeanors since your last DACA approval
- Do not pose a threat to national security or public safety
When to File Your DACA Renewal
USCIS recommends filing your renewal application between 120 and 150 days before your current DACA and Employment Authorization Document (EAD) expire. This timing is critical for several reasons:
- Filing too early: If you file more than 150 days before expiration, USCIS may reject your application
- Filing too late: If you file less than 120 days before expiration, you risk a gap in your work authorization between when your current EAD expires and when your new one is approved
- Filing after expiration: You can still file a renewal after your DACA has expired, but you will experience a gap in work authorization and deferred action protection. There is no penalty for late filing, but your employer may be unable to continue your employment during the gap
Current USCIS processing times for DACA renewals vary, but timely-filed renewals are typically processed within 3 to 5 months [VERIFY - dated 2026-05]. If your renewal is still pending when your current EAD expires, you may receive an automatic extension of your work authorization if you filed timely.
Automatic EAD Extension for Timely Filers
Under 8 CFR 274a.12(c)(33) and related USCIS guidance, DACA recipients who file their renewal applications on time may receive an automatic extension of their Employment Authorization Document for up to 180 days beyond the expiration date while the renewal is pending. This automatic extension applies only if the renewal was filed before the current EAD expired and has not been denied [VERIFY - dated 2026-05].
Required Forms and Documents for DACA Renewal
Forms
The DACA renewal package requires the following USCIS forms:
- Form I-821D (Consideration of Deferred Action for Childhood Arrivals) — this is the primary DACA request form
- Form I-765 (Application for Employment Authorization) — this is the work permit application
- Form I-765WS (Worksheet for Form I-765) — provides financial information
All three forms must be filed together as a single package. If any form is missing, USCIS will reject the entire package.
Supporting Documents
For a renewal, you generally need less documentation than for an initial DACA application. However, you should include:
- A copy of your current or most recent DACA approval notice (Form I-797)
- A copy of your current or most recent EAD (front and back)
- A valid form of government-issued identification (passport, state ID, or driver's license)
- Two passport-style photographs
- Evidence of any change of address since your last DACA filing
If you have had any criminal arrests, charges, or convictions since your last DACA renewal, you must also include certified court dispositions for each incident, regardless of whether charges were dismissed. Failure to disclose criminal history can result in DACA termination.
Filing Fee and Fee Waiver
The current USCIS filing fee for DACA renewal is $405, which includes:
- $85 for biometrics services
- $410 for the employment authorization application (I-765)
Note: USCIS periodically updates its fee schedule. Verify the current fee amount on the USCIS website before filing [VERIFY - dated 2026-05]. There is no fee waiver available for DACA renewal applications. Payment must be made by check, money order, or credit card (Form G-1450).
Biometrics Appointment
After USCIS receives your renewal application, you will receive a biometrics appointment notice (Form I-797C) directing you to appear at a local Application Support Center (ASC). For Georgia residents, this is typically the ASC in Atlanta or a nearby location. At the biometrics appointment, USCIS will collect your fingerprints, photograph, and signature for background check purposes.
It is extremely important that you attend your biometrics appointment. Failure to appear without rescheduling will result in your application being considered abandoned.
Common Mistakes That Delay DACA Renewals
Based on our experience handling DACA cases in Georgia, these are the most common errors that cause delays or rejections:
- Incorrect fee amount: If the fee amount has changed since your last renewal, submitting the old amount will result in rejection
- Missing forms: All three forms (I-821D, I-765, I-765WS) must be included. Omitting any one results in rejection
- Unsigned forms: Every form must be signed in ink. Unsigned forms are rejected
- Incorrect filing address: USCIS has specific lockbox addresses for DACA filings that differ from other immigration applications. Always verify the current mailing address on the USCIS website
- Undisclosed criminal history: Failing to report arrests or convictions is one of the most serious mistakes. Even dismissed charges must be disclosed
- Filing too early or too late: Respect the 120-150 day window before expiration
- Not keeping copies: Always keep a complete copy of everything you submit, including the check or money order
What Happens After You File
The typical timeline after filing a DACA renewal is as follows:
- Receipt Notice (1-3 weeks): USCIS sends Form I-797C acknowledging receipt of your application and providing a receipt number for tracking
- Biometrics Notice (2-6 weeks): A notice scheduling your biometrics appointment at a local ASC
- Biometrics Appointment: Attend and complete your fingerprinting and photo
- Approval Notice (2-5 months from filing): Form I-797 approving your DACA renewal for two years
- EAD Card (1-2 weeks after approval): Your new Employment Authorization Document arrives by mail
Travel and DACA: Advance Parole
DACA recipients generally cannot travel outside the United States without advance parole. Under INA Section 212(d)(5), advance parole is a discretionary grant that allows a person to travel abroad and return to the United States. USCIS has granted advance parole to DACA recipients for humanitarian, educational, and employment purposes.
However, traveling on advance parole carries risk. Customs and Border Protection (CBP) retains discretion to deny entry at the port of entry, and travel during periods of legal uncertainty regarding the DACA program adds additional risk. If you are considering travel, consult with your immigration attorney first.
If Your DACA Renewal Is Denied
If USCIS denies your DACA renewal, you should understand that there is no formal appeal process for DACA denials. However, you may have options:
- Request a review of the decision by contacting the USCIS Contact Center or your local field office
- Refile the application if the denial was based on a correctable error
- Consult with an immigration attorney about other forms of immigration relief that may be available to you
A denial of DACA does not automatically place you in removal proceedings. However, it does remove your deferred action protection, meaning ICE could exercise its discretion to initiate proceedings.
Planning for the Future Beyond DACA
While DACA provides important protections, it is not a pathway to permanent residence or citizenship on its own. DACA recipients should explore whether they qualify for other immigration benefits, such as:
- Family-based petitions if a qualifying relative can sponsor them
- Employment-based options if they have qualifying job offers or extraordinary abilities
- U visa if they have been a victim of a qualifying crime
- Adjustment of status if they traveled on advance parole and re-entered (creating a lawful entry that may support adjustment under certain theories)
Contact Us for Help With Your DACA Renewal
The DACA renewal process may seem straightforward, but mistakes can be costly and potentially irreversible. Our immigration team at J. Lee & Associates has extensive experience with DACA filings and can help ensure your renewal is filed correctly, on time, and with all required documentation.
If you are a DACA recipient in Georgia and your renewal is approaching, or if you have questions about your eligibility, call us today at (770) 609-9396. We offer confidential consultations and can review your specific situation to make sure nothing falls through the cracks.
J. Lee & Associates Law Group serves DACA recipients throughout the Atlanta metropolitan area, including Norcross, Duluth, Lawrenceville, Marietta, Gwinnett County, and surrounding communities.

Jerome D. Lee is the founding attorney of J. Lee & Associates Law Group, representing clients in personal injury, immigration, criminal defense, and family law throughout Metro Atlanta.
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