DACA Renewal in 2026: Requirements, Timeline, and Legal Updates

DACA Renewal in 2026: Requirements, Timeline, and Legal Updates

The Deferred Action for Childhood Arrivals (DACA) program continues to face legal challenges, but as of 2026, existing DACA recipients can still renew their status. Understanding the current requirements, filing timeline, and legal landscape is critical to maintaining your work authorization and protection from deportation.

J. Lee & Associates Law Group assists DACA recipients across Georgia with renewals and related immigration matters.

Current Status of DACA [VERIFY - dated 2026-05]

DACA has been subject to ongoing litigation since 2017. The program currently operates under court orders that allow existing recipients to renew but prohibit USCIS from processing initial (first-time) DACA applications. Key legal developments include:

• Texas v. United States: A federal judge in Texas ruled the DACA program unlawful but allowed existing recipients to continue renewing while the case is appealed
• Fifth Circuit ruling: The Fifth Circuit Court of Appeals largely upheld the Texas ruling, finding the original 2012 DACA memo exceeded executive authority
• Supreme Court: The case remains in various stages of litigation. Until the Supreme Court issues a final decision or Congress acts, renewals continue

The bottom line: if you currently have DACA, you can and should renew. If you have never had DACA, initial applications are not being processed at this time.

DACA Renewal Requirements

To renew your DACA, you must:

• Have been granted DACA previously (initial or renewal)
• Not have departed the United States without advance parole since your last DACA approval
• Not have been convicted of a felony, a significant misdemeanor, or three or more non-significant misdemeanors
• Not pose a threat to national security or public safety

Filing Timeline

USCIS recommends filing your renewal application (Form I-821D and Form I-765) between 120 and 150 days before your current DACA and EAD expire. Filing within this window maximizes your chance of receiving your new EAD before the old one expires, avoiding a gap in work authorization.

Required Forms and Documents

• Form I-821D (Consideration of Deferred Action for Childhood Arrivals)
• Form I-765 (Application for Employment Authorization)
• Form I-765WS (Worksheet)
• Two passport-style photographs
• Copy of your current or most recent DACA approval notice and EAD
• Filing fee ($495 as of 2026; verify current fee at uscis.gov) [VERIFY - dated 2026-05]
• Copy of any passport, travel document, or national ID if available

What Happens If Your DACA Lapses

If your DACA expires before your renewal is processed:

• You lose work authorization and must stop working
• You lose protection from deportation
• You begin accruing unlawful presence, which can trigger 3 or 10-year bars under INA § 212(a)(9)(B) if you depart the U.S.
• Your employer must terminate your employment once your EAD expires

If your DACA has already lapsed, you may still be able to file a renewal. USCIS has accepted late renewals in the past, but processing is slower and there is no guarantee of approval. Consult an attorney immediately.

Criminal Issues and DACA

Any criminal arrest, charge, or conviction since your last DACA approval must be disclosed. Certain convictions will bar renewal:

• Any felony (regardless of whether it was reduced to a misdemeanor later)
• A significant misdemeanor: domestic violence, sexual abuse, burglary, drug distribution, DUI, firearms offenses, or any misdemeanor with a sentence of more than 90 days (not including suspended sentences)
• Three or more non-significant misdemeanors that did not arise from the same incident

If you have been arrested or charged with any offense, consult both a criminal defense attorney and an immigration attorney before filing your renewal. The outcome of the criminal case directly affects your DACA eligibility.

Advance Parole

DACA recipients may apply for advance parole (Form I-131) to travel outside the United States for humanitarian, educational, or employment purposes. Advance parole must be approved before departure. Leaving without advance parole terminates your DACA and may bar renewal. If granted and used, advance parole creates a lawful entry that may open additional immigration pathways (such as adjustment of status through a family petition).

Planning Beyond DACA

Given the legal uncertainty surrounding DACA, recipients should explore whether other immigration pathways are available:

• Family-based petition through a U.S. citizen spouse or parent
• Employment-based immigration through employer sponsorship
• U visa if you have been a victim of a qualifying crime
• VAWA self-petition if you have been abused by a U.S. citizen or LPR spouse or parent

Contact a Georgia DACA Attorney

J. Lee & Associates Law Group helps DACA recipients protect their status. Call (770) 609-9396. Se habla español.