Young Dreamer working with an Orlando immigration attorney on a DACA renewal — Florida Board Certified Immigration Law Center
Renewals · Litigation Updates · Path Forward

DACA — Deferred Action for Childhood Arrivals

Florida Board Certified in Immigration & Nationality Law (Florida Bar Member #7439). Deferred Action for Childhood Arrivals (DACA) protects eligible immigrants who came to the U.S. as children. The program has been the subject of years of litigation; current rules limit new initial filings, but renewals continue. We help DACA recipients renew on time and look for permanent paths.

Yes — DACA renewals are still being accepted and processed in 2026, even though new first-time applications are not being approved. If you already have DACA, the priority is renewing on time and, in many cases, looking for a permanent path that DACA itself cannot provide. Gustavo Z. Vargas, our Florida Board Certified immigration attorney, has guided Central Florida Dreamers through renewals and long-term planning, and we track the litigation as it moves.

What DACA does — and does not — provide

DACA grants deferred action for two years (renewable) and an Employment Authorization Document (EAD). It does not confer lawful immigration status, does not provide a path to a green card on its own, and does not protect family members. Each renewal must be filed before the current grant expires.

Current state of DACA in 2026

USCIS continues to accept and process renewal applications for current recipients but is not granting new initial applications. Litigation in the Fifth Circuit (Texas v. United States) has questioned the program's legal foundation, and the Department of Homeland Security's final rule formalizing DACA remains tied up in that fight. What this means on the ground in Orlando: renewals are going through, but recipients are understandably anxious about the program's future, and we are advising people not to let an EAD lapse while they wait to see how the courts rule. For a fuller breakdown written for our area, read DACA in 2026: what Florida recipients need to know now.

We are also seeing heavier enforcement around Central Florida this year, which makes keeping your work authorization current and your record clean more important than ever. If a DACA recipient is ever placed in proceedings, our deportation and removal defense team handles the case at the Orlando Immigration Court.

Renewal eligibility

You can renew DACA if you:

  • Did not depart the United States on or after August 15, 2012, without advance parole.
  • Have continuously resided in the U.S. since you submitted your most recent DACA request that was approved.
  • Have not been convicted of a felony, a significant misdemeanor, three or more misdemeanors, or otherwise pose a threat to national security or public safety.

How we help

  • Timely renewals. We recommend filing 120–150 days before your current EAD expires to avoid gaps in work authorization.
  • Advance parole. When DACA recipients are granted advance parole and travel abroad, the lawful re-entry can sometimes unlock paths to a green card via family-based sponsorship — a critical strategy for DACA recipients married to or sponsored by U.S. citizens or LPRs.
  • Permanent paths. We assess whether other relief is available: marriage-based green card, U-visa, T-visa, asylum, or VAWA self-petition. For many DACA holders, there is a path beyond DACA — but it requires careful planning around prior entries, status, and family relationships.
  • Risk reviews. Any criminal arrest, even minor, can affect DACA. We review post-grant arrests and advise on disclosure and impact.

Talk to a Florida Board Certified Immigration Attorney

Free 30-minute consultation. No obligation. Confidential. Available in English or Spanish. Serving all of Central Florida from our Orlando office since 1996.

Frequently Asked — Renewals · Litigation Updates · Path Forward

When should I file my DACA renewal?

USCIS recommends filing 120–150 days before your current DACA grant expires. Earlier is generally fine. Filing late risks a gap in work authorization. We confirm receipt and follow up if USCIS requests evidence.

Can I travel abroad with DACA?

Only with an approved Advance Parole document (Form I-131). Departing without advance parole forfeits DACA. Advance parole is granted for specific reasons — humanitarian, educational, or employment. After lawful re-entry on parole, some DACA recipients become eligible to adjust status to a green card if they have a U.S. citizen or LPR family sponsor — this is a common strategy we help structure.

What if I was arrested after my DACA was granted?

Disclosure on the renewal is required. The impact depends on the offense. Felonies and significant misdemeanors are disqualifying; minor traffic infractions usually are not. Bring all court records to the consultation before filing the renewal so we can advise on whether to file or first pursue post-conviction relief.

I never had DACA — can I apply?

Currently, USCIS is not adjudicating new initial DACA applications. You can submit one for record-keeping purposes, but it will not be granted under current rules. We monitor the litigation and will advise if and when initial filings reopen.

Are there permanent paths beyond DACA?

For many DACA recipients, yes. Common options include marriage-based green cards (often paired with advance parole travel), U-visas for crime victims, T-visas for trafficking victims, VAWA self-petitions for abused spouses/children, and asylum if country conditions support a claim. We evaluate every avenue at the consultation.

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