DACA — What You Need to Know
⚠️ Important — Read First
DACA's legal status changes frequently based on court decisions. This information reflects the situation as of 2025–2026. Always check uscis.gov/daca and consult an immigration lawyer for the most current status before making any decisions.
ℹ️ On this page
- •DACA gives temporary deportation protection and a work permit — not a green card.
- •Understand the current legal status of DACA as of 2025–2026.
- •Learn how to renew your DACA and what happens if it ends.
- •Explore green card paths available to DACA recipients.
What Is DACA?
DACA (Deferred Action for Childhood Arrivals) is a government program created in 2012 that gives certain people who were brought to the United States as children temporary protection from deportation and the legal right to work. DACA does not give you a green card or citizenship — it is a temporary protection that must be renewed every 2 years.
- → DACA does NOT give you a green card or a path to citizenship on its own.
- → It gives you 2 years of protection from deportation and a work permit.
- → It must be renewed every 2 years.
- → It does NOT protect your family members — only you.
- → Having DACA does NOT automatically make you eligible for a green card.
Current Legal Status
DACA has been under court challenge since 2017. A federal court in Texas ruled DACA unlawful, and this ruling has been appealed. The result is a complex patchwork of rules that differ depending on whether you are an initial applicant or a renewal applicant.
✅ Processing continues in most federal circuits
If you already have DACA and need to renew, USCIS is continuing to process renewal applications in most parts of the country. Renew as early as possible (USCIS recommends renewing 150–120 days before your DACA expires) to avoid any gaps in protection.
⛔ Blocked in most jurisdictions
Federal courts have blocked USCIS from approving new (first-time) DACA applications in many parts of the country. If you have never had DACA and are applying for the first time, consult an immigration lawyer immediately to understand the current status in your area.
The current administration (2025) has not moved to actively terminate DACA, but has signaled it does not support the program. Courts continue to be the main battleground for DACA's future. The situation can change quickly.
How to Renew DACA
- 1
Start the renewal process 150–120 days before your DACA expires
Do not wait. File early so there is no gap in your protection. A gap in your DACA status can affect your work authorization and your protection from deportation.
- 2
Complete Form I-821D (DACA Request)
DACA is currently fee-exempt for renewals (check uscis.gov to confirm).
Form I-821D · $0 - 3
Complete Form I-765 (Work Authorization)
Pay the I-765 filing fee (check uscis.gov for current fee amount).
Form I-765 · $520 - 4
Mail your application to the correct USCIS address
The mailing address depends on your state. Check uscis.gov/daca for the current mailing address. Send via certified mail with return receipt and keep copies of everything.
- 5
Receive your renewal approval and new work permit
USCIS will mail your new EAD (work permit) before your current one expires if you file on time.
Renewal Checklist
- ✓ File 150–120 days before your DACA expires (do not wait until the last month)
- ✓ Use the most current version of Form I-821D (check uscis.gov)
- ✓ Check that the mailing address is current before sending
- ✓ Keep a copy of your entire application before mailing
- ✓ Send via certified mail with return receipt
- ✓ After mailing, track your application at uscis.gov/myaccount
What DACA Does NOT Do
- ✗ Does NOT give you a green card or permanent resident status
- ✗ Does NOT give you a path to citizenship
- ✗ Does NOT protect your parents, siblings, or spouse from deportation
- ✗ Does NOT allow you to vote
- ✗ Does NOT make you eligible for most federal student aid (FAFSA)
- ✗ Does NOT allow you to travel outside the U.S. (see travel section)
- ✗ Does NOT protect you if you commit a crime
- ✗ Does NOT give you a Social Security Number that will work for citizenship applications later (your SSN is issued for work purposes only)
✈️ Traveling With DACA
DACA does NOT give you the right to travel outside the United States and return. If you leave the U.S. without authorization, you could trigger bars on re-entry (3-year or 10-year bars) for unlawful presence, and you may not be able to return.
In the past, USCIS occasionally approved "Advance Parole" for DACA recipients who had urgent humanitarian, educational, or employment reasons to travel. This allowed some DACA recipients to travel and return legally. However, the current administration has significantly restricted this option.
As of 2025–2026, Advance Parole for DACA recipients is extremely limited. Do NOT travel outside the U.S. if you have DACA without first consulting an immigration lawyer. The risk of not being able to return is very real.
🌿 Green Card Paths for DACA Recipients
DACA does not directly lead to a green card, but many DACA recipients DO qualify for green cards through other pathways. Here are the most common paths:
1. Marriage to a U.S. Citizen
If you marry a U.S. citizen, you may qualify for a green card as an immediate relative — the fastest family-based path. However, there is a critical complication for DACA recipients: IMPORTANT: If you entered the U.S. WITHOUT permission (without going through an official entry point), you generally CANNOT adjust status inside the U.S. even if you are married to a U.S. citizen. This is called the "entered without inspection" bar.
💡 Consult an immigration lawyer before doing anything — the right steps depend heavily on how you entered the U.S.
2. Employment-Based Green Card (EB)
If you have a U.S. employer willing to sponsor you, you may qualify for an employment-based green card (EB-2 or EB-3 most commonly). The PERM labor certification and I-140 petition process applies. The same "entered without inspection" issue applies if you need to adjust status inside the U.S.
💡 Start by finding an employer willing to sponsor you. Then consult a lawyer about whether you can adjust status inside the U.S. or need consular processing.
3. EB-2 National Interest Waiver (NIW)
If you have an advanced degree or exceptional ability AND your work is in the national interest of the U.S., you can file your own I-140 petition without an employer. This is a strong option for DACA recipients who are researchers, engineers, medical professionals, or have other high-impact work. The same entry issue applies for adjustment of status.
4. Special Immigrant Juvenile Status (SIJS)
For DACA recipients who were abused, neglected, or abandoned by one or both parents as children and who have (or can obtain) a state juvenile court order. Age limit is 21. If you are close to 21 and this may apply to you, act immediately.
5. Through a Family Member Who Gets a Green Card
If a parent who has been sponsored for a green card through family or employment includes you as a derivative beneficiary (when you were under 21 and unmarried), you could benefit from that petition. This depends on timing and your age when the petition was filed.
6. VAWA (if applicable)
If you have been abused by a U.S. citizen or LPR family member, you may qualify to self-petition under VAWA. DACA status does not affect VAWA eligibility.
Many DACA recipients have successfully gotten green cards through these pathways. Do not assume you have no options. The path depends heavily on: (1) How you entered the U.S. (with or without inspection) (2) Whether you have a qualifying family or employer relationship (3) Your specific history Consult an immigration lawyer who specializes in DACA cases.
If DACA Ends
If DACA were to be terminated (by courts or by law), people who had DACA would lose their deportation protection and their work authorization when their current approval expires. They would not automatically be deported, but they would be undocumented and subject to the same risks as other undocumented immigrants.
Do not wait to see what happens. If you have DACA: • Explore EVERY green card path that might apply to your situation now. • Consult an immigration lawyer. • Renew your DACA as early as allowed. • Keep copies of all your DACA approval notices. • Keep records of your presence in the U.S. (tax returns, school records, bank statements, leases) — these may be useful for future applications.
📚 Resources
USCIS DACA page
uscis.gov/daca
Official source for current DACA policies and forms.
National Immigration Law Center (NILC)
nilc.org
Tracks DACA legal developments and provides resources.
United We Dream
unitedwedream.org
Advocacy organization for DREAMers with legal resources.
American Immigration Council
americanimmigrationcouncil.org
Regular updates on DACA legal status.