DACA Lawyer in San Francisco

Navigating DACA Renewals & Changing Immigration Laws

DACA, Deferred Action for Childhood Arrivals, grants temporary status to undocumented immigrants who came to the U.S. before age 16. DACA is an executive order signed by President Obama in 2012 that allows qualifying individuals to remain in the U.S. for two years, subject to renewal. President Trump ended DACA in 2017, but courts have allowed the program to continue.

President Biden signed an order affirming DACA protections in 2021 and issued formal regulations to preserve it. Most recently, following a January 2025 ruling by the Fifth Circuit Court of Appeals, USCIS continues to accept and process renewal requests for current recipients, but remains legally prohibited from processing or approving first-time (initial) applications.

Looking to Apply for DACA for the First Time?

If you have never held DACA, filing an initial request carries significant risks. While you can technically submit paperwork, court injunctions require USCIS to hold initial requests in abeyance without taking any action.

We advise consulting with an immigration attorney before submitting initial paperwork. Filing now means paying government fees for an application that cannot be processed, and an attorney can help evaluate whether alternative legal pathways are available to you.

Looking for DACA guidance? Contact us online or over the phone at (415) 212-6817 for a consultation.

Who Qualifies for DACA?

To qualify for DACA, individuals must meet specific baseline criteria. While federal court orders currently prevent USCIS from processing new initial applications, these requirements still govern existing protections and renewal eligibility:

• Entered the U.S. unlawfully prior to their 16^th birthday
• Lived continuously in the U.S. since June 15, 2007
• Were under age 31 on June 15, 2012
• Were physically present in the U.S. on June 15, 2012, and at the time of their request for deferred action with U.S. Citizenship and Immigration Services (USCIS)
• Had no lawful status on June 15, 2012
• Have completed high school or a GED, have been honorably discharged from the armed forces, or are enrolled in school
• Have not been convicted of a felony or a serious misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety

What Are the Criteria for a DACA Extension?

DACA status lasts for two years. Reapplication is necessary every two years, and applicants must meet certain criteria:

• Applicant did not depart the United States on or after Aug. 15, 2012, without a valid travel document (Form I-131).
• Applicant continuously resided in the U.S. since submitting their most recent approved DACA request.
• Applicant has not been convicted of a felony, a serious misdemeanor, or three or more misdemeanors, and does not pose a threat to national security or public safety.
• Applicant's current DACA status is active or expired less than one year ago (if expired for more than one year, the request is treated as a barred initial application).

What Are the Benefits of DACA?

DACA recipients can live and work in the U.S. without fear of deportation. Other benefits include:

• DACA recipients can obtain a Social Security Card.
• DACA recipients can be authorized to work in the U.S.
• DACA recipients are not eligible for federal Medicare, though some state or local health programs may be available depending on where you live.
• DACA recipients do not qualify for educational financial aid through the federal government, but many universities and other educational institutions offer scholarships to DACA recipients. Some states also allow DACA recipients to qualify for in-state tuition.

Are DACA and the Dream Act the Same Thing?

DACA is a temporary program that began through an executive order signed by President Obama in 2012. The executive order was a response to Congress’ failure to pass the Development, Relief and Education for Alien Minors (DREAM) Act. The DREAM Act would have provided a pathway to citizenship for those attending college or serving in the military and keeping good standing. While DACA does not currently provide a path to citizenship, DACA recipients and Dreamers are generally interchangeable terms.

Who Are Dreamers?

Dreamers are technically those who qualified for protection under the DREAM Act. Many of these young people did not realize they were not citizens. They identify as Americans and have no recollection of the country where they were born. Some Dreamers speak only English and came to the U.S. as infants. The nickname Dreamer is a reference to the DREAM Act but is often used to describe those who meet the criteria to qualify for DACA.

Can Dreamers Become Citizens?

There is currently no path to citizenship for DACA recipients unless they also have other qualifying factors. For example, if you are a DACA recipient and married to a U.S. citizen or green card holder, you may be eligible for a marriage-based green card.

Helping Undocumented Immigrants in San Francisco

While initial applications remain barred by court orders, if you currently hold DACA status or your status expired less than one year ago, you remain eligible to file for a DACA renewal. Maintaining an active DACA status continues to provide vital protection and work authorization while legal challenges proceed.

Our skilled attorney can assist you with your DACA renewal or help evaluate your situation if your status lapsed within the past year. If you are seeking relief for the first time or do not qualify for DACA, we can explore alternative legal pathways available to you.

Call Harrison Law Office, P.C. at (415) 212-6817 or contact us online for a consultation.