DACA in 2026: who can renew, and what to file

Deferred Action for Childhood Arrivals has been in the courts for years, and its rules have changed more than once. That makes it easy to miss a step, or to believe a rumor. Here is what has stayed steady for people who are renewing, and why timing matters so much. Court decisions can change things quickly, so check the USCIS DACA page or call us before you file.

Who can renew

In general, you can file a renewal if you have lived in the United States continuously since your last approval, have not traveled abroad since then without advance parole, and have not been convicted of a felony, a significant misdemeanor or three or more other misdemeanors. If your DACA expired less than a year ago, you can usually still file as a renewal. After that, it counts as a new request, and new requests are being treated differently while the court case continues.

What to file

• Form I-821D, the DACA request itself

• Form I-765, to renew your work permit, with the I-765WS worksheet

• The filing fee shown on the USCIS DACA page on the day you file

• A copy of your current work permit, front and back

• Records of any arrest or court case since your last approval, even if the case was dismissed

File four to five months early

USCIS asks for renewal requests 120 to 150 days before your current DACA and work permit expire. Filing in that window gives the agency time to decide before your work permit ends, so you are less likely to lose your job or your driver's license while you wait. Call us four to five months before your expiration date, and we will check your eligibility, prepare your forms with you and file on time.