DACA Lawyers in Austin

What Is DACA?

The federal Deferred Action for Childhood Arrivals (DACA) program helps people who came to the U.S. as children. It currently protects roughly 495,000 people nationwide who entered the United States as undocumented immigrants when they were children, according to the most recent USCIS data.

DACA doesn't grant official "legal" status, but it does protect recipients from removal. At the same time, it's valid and can open the door to other immigration options over time, including a possible path to U.S. citizenship. Because the program's rules keep changing, working with a dedicated DACA law service in Austin can help you avoid costly mistakes on your renewal.

In practical terms, DACA can give you:

• Work authorization: an Employment Authorization Document that lets you work legally in the U.S.
• A Social Security number: needed for lawful employment, taxes, and many everyday services.
• Driver’s license eligibility: the ability to apply for a license in Texas and most other states.
• Protection from removal action for the period your DACA is valid.
• A foundation for the future: time and stability to pursue school, a career, and other immigration options as your situation allows.

Who Is Eligible for DACA?

Whether you qualify depends on whether you're renewing or applying for the first time, and the two paths currently look very different. Renewals continue for the time being, but under an ongoing federal court order, USCIS cannot approve any new first-time requests. According to the American Immigration Council, almost 600,000 people who would otherwise qualify are currently unable to apply.

First-Time Applicants: Where Things Stand Now

The Fifth Circuit sent the case back to the district court, where a final order is still pending. USCIS will still accept first-time filings, but it cannot process or approve them under the current order, so knowing whether you meet the criteria now lets you move quickly if the freeze lifts. You may qualify for a first-time request if you have never held DACA and you

• Came to the U.S. before age 16
• Were under 31 on June 15, 2012
• Have continuously lived in the U.S. since June 15, 2007
• Were physically present in the U.S. on June 15, 2012, and when you file
• Had no lawful immigration status on June 15, 2012
• Are in school, graduated, have a GED, or are an honorably discharged veteran of the U.S. Armed Forces or Coast Guard
• Do not pose a threat to national security or public safety
• Have no felony, significant misdemeanor, or three or more other misdemeanors on your record

Supporting Documentation to Apply for DACA for the First Time

If the freeze lifts and you file, your attorney will help you assemble proof across a few categories:

• Identity: birth certificate, passport or national ID, school or military ID
• Presence and residence since 2007: leases or mortgages; bank, employment, medical, insurance, or tax records; and travel records
• Education or military service: transcripts, a diploma or GED, or proof of honorable discharge
• Immigration and court records: proof of your current status and any related paperwork

Because USCIS rejects petitions filed on outdated forms, many people have an attorney prepare and file the full request for them.

Renewing Your DACA: Who Qualifies

Most people we help are renewing, and the requirements are more straightforward than a first-time request. Keep in mind that if your DACA expired more than a year ago, your renewal will actually be treated as an initial application. You can generally renew if you currently have or recently had DACA and you:

• Have continuously lived in the U.S. since your most recent approved DACA request;
• Have not left the country since August 15, 2012, without an approved Advance Parole document;
• Have not been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, and do not pose a threat to public safety or national security.

DACA and Criminal History

A criminal record can limit or bar your DACA. A felony conviction disqualifies you outright, as do a "significant misdemeanor" or three or more other misdemeanors. Significant misdemeanors include domestic violence, sexual abuse or exploitation, unlawful possession or use of a firearm, drug distribution or trafficking, burglary, and driving under the influence.

Even without a disqualifying conviction, USCIS can deny a request as a matter of discretion, for example, due to gang involvement or a public safety concern. If you have any criminal history, it's worth reviewing your case with an attorney before you file.

Our DACA Renewal Process

Most of our DACA clients today are renewing rather than filing for the first time, and the process follows a fairly predictable path once your paperwork is in order. Timing matters most: with processing now slower and less predictable, USCIS recommends filing 120 to 150 days (about 4 to 5 months) before your DACA expires, since a renewal approved late can let your status lapse. Our team monitors every deadline so your renewal stays on schedule.

Step 1: Confirm Your Eligibility and Gather Your Documents

We review your DACA history and residency timeline and help you gather the records USCIS expects, so nothing is missing when you file. We also confirm you still meet the renewal criteria, including continuous residence since your last approval and no disqualifying criminal issues, and flag anything that could slow your case before it goes in.

Step 2: Prepare and File Your Forms

We complete and file your full renewal package with USCIS in one correctly assembled submission: Form I-821D, Form I-765, Form I-765WS, and Form G-1145, along with your supporting evidence, a cover letter, and the filing fee paid by money order to the U.S. Department of Homeland Security. Because these forms change often, we make sure you're using the current versions before anything is submitted.

Step 3: Attend a Biometrics Appointment If USCIS Requires One

If USCIS schedules a biometrics appointment, we make sure you know what to bring and what to expect. USCIS uses this appointment to update your fingerprints and photo for its background check. Many renewal applicants can reuse their earlier biometrics, so not everyone is called in.

Step 4: USCIS Reviews Your Case

USCIS reviews your case. We monitor its status and respond quickly to any request for evidence.

Step 5: Receive Your Decision and Updated Work Authorization

Once approved, you receive your renewed DACA and Employment Authorization Document, which are valid for 2 years. We note your new expiration date so you know exactly when the next renewal window opens.