The Deferred Action For Childhood Arrival (DACA) program has received a lot of attention and scrutiny since it was implemented by President Barack Obama in 2012. In recent years, DACA has been the target of lawsuits and ongoing litigation, and has been closed to new applicants since 2021. But in a somewhat surprising move, federal immigration officials recently announced that they are opening the program back up to new applicants in order to comply with a court order.
If you’re already here under DACA or want to file a new application, our team at Maison Law Immigration Lawyers can support you. Set up a consultation today to explore your options.
What Are the New Guidelines For a DACA Application?
With the announcement of new applications, there’s a few important guidelines that you should know about.
- First, it’s only open to new, first-time applicants that haven’t filed before.
- Second, DACA applications are open to everyone except those that live in Texas.
Outside of these new guidelines, eligibility requirements are largely the same. To qualify, you have to show:
- You came to the U.S. before age 16
- You’ve lived here since June 15, 2007
- You were under 31 years old on June 15, 2012
- You were physically in the U.S. on June 15, 2012, and when you apply
- You had no legal status on June 15, 2012
- You have no felonies, no “serious” misdemeanors, and no three or more misdemeanors
- You’re in school, finished high school, got a GED, or served in the military
Even if you meet all the requirements, approval isn’t automatic—immigration officials will still review your case and decide if they think you should be approved. That’s why it’s important to know how the application process works.
Do I Need to Reapply For DACA?
The good news is that if you are already in the country under DACA, you don’t need to reapply. With that said, things change quickly, so it’s important to be prepared. DACA applications are subject to renewal periods. USCIS suggests renewing your application between 120 – 150 days before it expires. But in order to be effective, it’s important to also:
- Use the same forms (I-821D and I-765), plus the fee – A renewal isn’t a brand-new application—you’ll still use the same forms you used the first time. You’ll also need to pay the filing fee again, just like before. Think of it as extending your protection, not reapplying from scratch.
- Update anything that changed since your last application – Make sure your application reflects your current situation and you use the most up-to-date information, especially if you’ve moved, finished your degree, or have gotten a new job. Keeping your information up to date helps avoid delays or questions from USCIS.
- Respond quickly if USCIS asks for more documents –Sometimes USCIS will send a “Request for Evidence” if they need more paperwork from you. If that happens, don’t panic—just respond as soon as you can. Fast responses help keep your renewal moving forward without unnecessary holdups.
Renewing DACA isn’t complicated, but timing and accuracy matter. The key is to plan ahead, file early, and keep your information current. By staying on top of deadlines and making sure your paperwork is up to date, you can avoid gaps in coverage and continue working, studying, and living in the U.S. with peace of mind. And if something does come up, our team can help you.
Maison Law Immigration Lawyers Helps Dreamers in California
DACA is one of the most high-profile immigration policies in place in California. And with the announcement of new applications being accepted, it opens the door to several new opportunities for immigrants. Whether you want to know more about filing for DACA for the first time or are already a “dreamer” living here, Maison Law Immigration Lawyers can guide you through the process. Set up a consultation today to get started.
