DACA Attorneys
Experienced legal representation for daca matters across all 50 states.
About DACA
Deferred Action for Childhood Arrivals (DACA) is an executive action program established by the Obama administration in June 2012 through a Department of Homeland Security memorandum. The program provides temporary relief from deportation and work authorization to eligible individuals who were brought to the United States as children without lawful immigration status. DACA does not provide lawful status, a path to citizenship, or a green card; rather, it grants a period of deferred action (renewable in two-year increments) during which recipients are not priorities for removal and may obtain Employment Authorization Documents (EADs).
To be eligible for initial DACA, applicants must have arrived in the United States before age 16, been continuously present since June 15, 2007, been under age 31 as of June 15, 2012, had no lawful status on June 15, 2012, been currently in school, have a high school diploma or GED, or be an honorably discharged veteran, and have no significant criminal history (no felonies, significant misdemeanors, or three or more misdemeanors). The application is filed on Form I-821D along with Form I-765 for employment authorization and Form I-765WS as a worksheet.
DACA has been the subject of extensive litigation since its inception. In July 2021, a federal judge in Texas ruled the program unlawful, blocking new applications while allowing renewals for existing recipients to continue. The case has progressed through the Fifth Circuit Court of Appeals and may ultimately be decided by the U.S. Supreme Court. As of early 2025, approximately 535,000 individuals hold active DACA status, down from a peak of over 800,000. New initial applications remain blocked by court order, though USCIS continues to accept and process renewal applications for current recipients. The legal uncertainty surrounding DACA creates ongoing anxiety for recipients and underscores the need for congressional action to provide a permanent legislative solution.
Why You Need a DACA Attorney
DACA recipients, often called "Dreamers," are deeply integrated into American society. The average DACA recipient has lived in the United States for over 20 years, and many have no meaningful ties to their country of birth. They work, pay taxes, serve in the military, own homes, and raise U.S. citizen children. Losing DACA status would strip recipients of work authorization, expose them to deportation, and devastate their families and the businesses and communities that depend on them. A 2020 study estimated that DACA recipients contribute over $42 billion annually to the U.S. GDP.
The ongoing legal uncertainty means that DACA recipients must be vigilant about timely renewals, aware of developments in federal litigation, and prepared for potential changes. Those who fail to renew on time or whose applications lapse face immediate loss of work authorization and deportation risk. Many DACA recipients are also exploring alternative immigration pathways that may be available to them, making knowledgeable legal counsel essential.
Common DACA Cases
DACA Renewal Applications
Filing timely renewal applications for current DACA recipients, ensuring continuous coverage and avoiding gaps in work authorization and deferred action protection.
Advance Parole Requests
Applying for advance parole (Form I-131) to allow DACA recipients to travel outside the United States for humanitarian, educational, or employment purposes and return lawfully.
DACA to Green Card Through Marriage
Exploring pathways to permanent residence for DACA recipients who marry U.S. citizens, potentially using advance parole reentry to establish a lawful admission for adjustment of status.
Criminal Issues Affecting DACA Eligibility
Evaluating whether criminal arrests, charges, or convictions disqualify a DACA recipient from renewal and advising on strategies to address criminal history issues.
Alternative Immigration Pathways
Identifying other visa categories or relief options (U visas, VAWA, special immigrant juvenile status, employer sponsorship) that may provide more permanent protection than DACA.
DACA and Higher Education
Advising DACA recipients on how their status affects college admissions, financial aid eligibility, professional licensing, and career opportunities in regulated fields.
Typical DACA Case Timeline
Renewal Preparation
2-4 weeksGathering updated documents, reviewing criminal history and travel records, and completing the renewal forms. USCIS recommends filing 120 to 150 days before the current DACA expires.
Application Filing
1 weekSubmitting the complete renewal package including Form I-821D, I-765, I-765WS, supporting evidence, and the required filing fee to the designated USCIS lockbox.
Biometrics Appointment
2-6 weeks after filingAttending a biometrics appointment at a USCIS Application Support Center for fingerprinting and photographs. Some renewals reuse previous biometrics.
USCIS Processing
2-6 monthsUSCIS reviews the renewal application, conducts background checks, and issues a decision. Processing times vary and can be checked on the USCIS website.
EAD Card Production & Delivery
1-3 weeks after approvalUpon approval, a new Employment Authorization Document card is produced and mailed to the applicant, providing work authorization for the next two-year period.
Know Your Rights
- DACA recipients have the right to work lawfully in the United States with a valid Employment Authorization Document.
- DACA recipients have the right to obtain a Social Security number and, in most states, a driver's license.
- DACA does not make you a priority for deportation, but it does not provide lawful immigration status or a guaranteed path to permanent residence.
- If your DACA expires or is terminated, you have the right to consult an attorney before making any decisions, as you may have other forms of relief available.
- You are not required to disclose your DACA status to employers beyond presenting your valid EAD as proof of work authorization.
- You have the right to travel outside the United States with an approved advance parole document, though travel carries risks that should be discussed with an attorney.
- If you are arrested or contacted by law enforcement, you have the right to remain silent and the right to an attorney, regardless of your immigration status.
What to Look for in a DACA Attorney
When seeking legal assistance with DACA, look for an attorney who stays closely informed of the ongoing federal litigation affecting the program and can advise on how legal developments may impact your specific situation. The attorney should have experience with DACA renewals and be able to guide you through any complications such as criminal history, travel requests, or expired DACA status. Equally important is an attorney who can evaluate whether you may be eligible for alternative immigration pathways that could provide more permanent protection than DACA. Avoid notarios or unlicensed practitioners who advertise DACA services, as errors in DACA applications can expose recipients to deportation risk. Verify that any attorney you work with is licensed and in good standing. Many nonprofit organizations provide low-cost DACA renewal assistance.
Questions to Ask Your DACA Attorney
- 1When should I file my DACA renewal to avoid any gap in coverage?
- 2How does the current federal litigation affect my ability to renew or apply for DACA?
- 3Do I have any criminal history issues that could affect my renewal eligibility?
- 4Am I eligible for advance parole, and what are the risks and benefits of traveling outside the United States?
- 5Are there any alternative immigration pathways available to me that could provide permanent protection?
- 6If DACA is ended by the courts, what are my options?
- 7Can my DACA status help me obtain a green card if I marry a U.S. citizen?
Understanding DACA Legal Costs
The USCIS filing fee for DACA renewal is $495, which covers both the deferred action request (I-821D) and the employment authorization application (I-765). This fee has remained stable since the program's inception. There is no fee waiver available for DACA applications, though USCIS accepts fee exemption requests in limited circumstances. Attorney fees for DACA renewals are typically modest, ranging from $200 to $1,000, as renewals are relatively straightforward for applicants with no complications. Initial DACA applications (when they are being accepted) and complex cases involving criminal history or advance parole requests may cost $1,000 to $3,000 in attorney fees. Many community organizations and legal aid societies offer DACA renewal assistance at reduced cost or for free. Advance parole applications carry a separate $630 filing fee.
Key Legal Terms
Video Resources
These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.
DACA Explained: What Is DACA and Who Are the Dreamers?
Vox
How DACA Recipients Can Get a Green Card
Hacking Immigration Law, LLC
How Asylum Works in the United States
UNHCR, the UN Refugee Agency
Frequently Asked Questions About DACA
Citations & Sources
- [1]DACA was established through a DHS memorandum dated June 15, 2012, exercising prosecutorial discretion to defer removal action for eligible childhood arrivals. — Department of Homeland Security
- [2]Approximately 535,000 individuals held active DACA status as of mid-2024, down from a peak of over 800,000 active recipients. — USCIS
- [3]In State of Texas v. United States, a federal court ruled in July 2021 that DACA was unlawfully created, blocking new applications while allowing renewals to continue. — United States District Court, Southern District of Texas
- [4]DACA recipients contribute over $42 billion annually to the U.S. GDP and pay over $3.4 billion in federal taxes each year. — Center for American Progress
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