Is My DACA Status Still Valid?

Short answer:

If you are wondering whether your DACA status is still valid, the short answer is: yes — current recipients may generally continue to renew their protection under the Deferred Action for Childhood Arrivals program. However, USCIS (U.S. Citizenship and Immigration Services) has not been accepting new DACA applications, and Advance Parole travel authorization remains unavailable to DACA recipients. Because the legal landscape around this program continues to evolve, staying informed and speaking with a qualified immigration attorney is one of the most important steps you can take to protect your status.

Longer Explanation:

On June 15, 2012, the Deferred Action for Childhood Arrivals (DACA) program was created. It allows certain people who came to the United States as children to request protection from deportation. They may also apply for DACA work authorization. At its peak, approximately 700,000 individuals held active DACA status across the country.

On September 5, 2017, the program was ordered to be terminated. This sparked legal challenges in federal courts in San Francisco, New York, Washington D.C., and Texas. Each of those courts played a role in shaping whether — and how — DACA renewals could continue.

On January 09, 2018, in San Francisco, the first federal judge ordered to keep DACA in place. The judge also ordered USCIS to accept DACA renewals. The order, however, did not reinstate new DACA applications or Advance Parole. This case is currently on appeal.

Restoration of DACA

On January 13, 2018, USCIS began accepting DACA renewals again. Currently, anyone who has or has had DACA may be able to continue renewing their status. However, USCIS is not accepting new DACA applications or applications for Advance Parole. Previously, DACA recipients were eligible for Advance Parole. This allowed them to temporarily travel outside the United States and return legally. Understanding these distinctions is one reason why choosing the right immigration attorney from the beginning can make a critical difference in your case.

In February 2018, a federal judge in New York sided with the San Francisco ruling. The judge also ordered that DACA renewals be reinstated. Then, in April 2018, a federal judge in Washington D.C. went further. That judge ruled the entire DACA program, including new applications and Advance Parole, must be restored. That broader part of the ruling was placed on hold (“stayed”) while the case was appealed. However, the government was still required to keep accepting renewal applications.

On August 31, 2018, the latest federal judge in Texas also ordered DACA renewals to continue. But the judge opened the possibility for states to challenge the DACA program. This could happen if they prevailed on proving why the program should end. The federal judge allowed the state 21 days to file an “interlocutory appeal.” If the state prevails, the case will ultimately be appealed to the Circuit Court of Appeals.

DACA Renewal Eligibility: What Are the Requirements?

If you currently hold DACA and want to keep your protection active, understanding the DACA recipients requirements for renewal is essential. While USCIS publishes the official eligibility criteria, here is a general overview of what is typically required to submit a renewal request:

• You must have previously received DACA.

  Renewals are only available to individuals who have already been granted deferred action under the program — USCIS has not been processing first-time applications.

• You must not have departed the U.S. without authorization.

  Traveling outside the country without proper documentation may affect your eligibility.

• You must not have been convicted of a felony, a significant misdemeanor, or three or more misdemeanors.

  Criminal history is reviewed as part of every renewal application.

• You must not pose a threat to national security or public safety.

  USCIS conducts background checks on all applicants.

DACA renewals are typically filed using Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization), and Form I-765WS (Worksheet). Filing fees apply, and it is generally recommended to file your renewal well before your current status expires — many attorneys suggest submitting as early as 150–180 days before your expiration date.

Because USCIS DACA applications and renewals involve strict deadlines and documentation requirements, even small mistakes can cause delays or denials. Working with an experienced immigration attorney may help you avoid costly errors and ensure your application is as strong as possible.

What Should DACA Recipients Do Right Now?

The ongoing legal uncertainty surrounding the DACA program can feel overwhelming — but there are practical, proactive steps that current recipients may be able to take to protect themselves and their families.

Renew Early

If your DACA status is set to expire within the next six months, consider speaking with an attorney about filing your renewal as soon as possible. Courts have consistently upheld the right to renew, and delays in filing could leave a gap in your work authorization and deportation protection.

Explore Other Immigration Pathways

DACA is not the only potential path to remaining in the United States. Depending on your individual circumstances, you may qualify for other forms of relief, such as adjustment of status through a family member, a U Visa (for crime victims), a T Visa (for trafficking survivors), or other humanitarian protections. An immigration attorney can help you evaluate all available options.

Prepare Important Documents

Regardless of your immigration status, it is wise to keep copies of key documents in a safe and accessible place — including your Employment Authorization Document (EAD), your DACA approval notices, identification, and any records related to your time in the U.S. Knowing your rights and having documentation ready may be important if you ever face questions from immigration authorities.

Consult a Qualified Immigration Attorney

Given how frequently the rules around DACA have changed, relying on outdated information — or on unlicensed “notarios” — could put your status at serious risk. A licensed immigration attorney can review your specific situation and provide personalized guidance on the best path forward.

Unfortunately, this pending litigation continues to create uncertainty for DACA recipients. While you may feel like you have no choice but to wait, staying informed and prepared is within your control. Learn why paperwork alone does not equal protection — and why real legal support matters for your immigration case.

As of now, current DACA recipients should consider speaking to an immigration attorney to discuss when is the best time to renew their DACA status and other alternatives. Before you hire anyone to help with your case, be sure to read about the risks of hiring a cheaper attorney or a notario — the wrong choice could jeopardize your DACA status entirely.