DACA Applications: Navigating the Process in the Current Legal Climate

Applying for or renewing DACA (Deferred Action for Childhood Arrivals) isn’t as simple as it used to be. With shifting policies, court rulings, and legal uncertainty, even people who’ve had DACA for years are asking, “What now?” And for those who might qualify but haven’t applied before, the situation is even less clear. 

At Tourzani & Long, LLC, we’ve helped DACA recipients and first-time applicants navigate every version of the rules since the program began in 2012. If you’re trying to figure out where things stand—and what you can actually do—here’s a realistic look at the DACA process today and how to move forward in this legal climate. 

Where DACA Stands Right Now

As of now, USCIS is accepting DACA renewals only. First-time applications are technically accepted but not being approved, due to ongoing federal court decisions. The current state of the program is the result of years of legal challenges and conflicting rulings. While DACA has not been fully terminated, its future remains uncertain. 

Here’s the bottom line: 

  • Renewals are still being processed 
  • First-time applications can be submitted, but will remain pending 
  • Advance parole (for travel outside the U.S.) is available under certain circumstances, if you’re renewing DACA 
  • Court rulings could change any of this at any time 

That uncertainty makes it even more important to be accurate, timely, and cautious with your paperwork. If you’re renewing, you want to do it early. If you’re applying for the first time, you need to understand what that means legally—and what risks may come with it. 

Who Can Renew DACA?

If you’ve had DACA in the past and your status is still current—or expired within the last year—you can submit a renewal request using Form I-821D along with Form I-765 and the I-765WS worksheet. You’ll also need to include: 

  • Copies of your previous DACA approval notice 
  • Current passport-style photos 
  • A renewal fee (or a request for a fee waiver, if eligible) 
  • Documentation if there are any significant changes since your last approval 

If your DACA expired more than a year ago, or if it was terminated, USCIS may treat your application like a first-time request—which, again, they are not currently approving. It’s still possible to submit it, but there’s no guarantee it will move forward without a policy change. 

When Should You Renew?

We recommend submitting your DACA renewal 120–150 days before expiration. That window gives USCIS time to process the request and send your new EAD (work permit) before the old one expires. 

We’ve worked with clients who waited too long and ended up with a gap in work authorization. Others had renewals delayed because of small mistakes in the paperwork. With current backlogs and ongoing court decisions, the safest move is to renew early and carefully. 

What About First-Time Applicants?

If you’ve never had DACA before but believe you qualify, you can technically submit a first-time application—but it won’t be approved under the current court injunction. USCIS will accept the paperwork, issue a receipt notice, and hold your application without processing it further. 

Still, for some people, getting an application on file may be worth it—especially if a court ruling changes the policy again in the near future. That’s a personal decision, and one you should talk through with a trusted immigration attorney first. There’s no one-size-fits-all answer here. 

Advance Parole for DACA Recipients

DACA holders may still apply for advance parole to travel outside the U.S. for humanitarian, educational, or employment purposes. But just like DACA itself, this option comes with risks and should be handled carefully. 

We’ve seen clients use advance parole to visit sick family members or attend professional conferences, then return without issues. But we’ve also seen situations where travel triggered additional scrutiny. If you’re thinking about leaving the U.S. on advance parole, get personalized legal advice first. 

Stay Updated and Be Prepared

The legal battles over DACA aren’t over, and the policy could shift again depending on court decisions or legislative changes. That uncertainty makes preparation even more important. Save your records, file early, and stay informed. 

We regularly help DACA recipients: 

  • File renewals with complete, accurate paperwork 
  • Navigate complex situations involving arrests or travel history 
  • Explore other immigration options they may now qualify for (marriage, asylum, TPS, etc.) 
  • Plan ahead for possible policy changes 

You’re Not in This Alone

DACA has changed lives—and continues to provide security and opportunity to hundreds of thousands of people. At Tourzani & Long, LLC, we treat these cases with the care and urgency they deserve. We understand what’s at stake, and we’re here to help you stay protected, informed, and ready—no matter what happens next. 

We serve individuals and families from all backgrounds and across immigration categories. If you need help renewing DACA, evaluating a first-time application, or exploring your long-term options, visit tourzanilaw.com to schedule a consultation. Let’s figure it out—together. 

Leave a Reply

Your email address will not be published. Required fields are marked *