Temporary Status & Protection
DACA — Deferred Action for Childhood Arrivals
If you grew up in the United States and arrived as a child, DACA may allow you to work legally and remain protected from deportation. Attorney Jesus Reyes in Miami helps you file or renew your application at this critical time.
Dreamers — young people who grew up in the United States without having chosen to come here — deserve the opportunity to fully contribute to the only country they call home. Deferred Action for Childhood Arrivals (DACA) has offered deportation protection and employment authorization to hundreds of thousands of people across the country since 2012. If you arrived in the U.S. before age 16, Attorney Jesus Reyes can help you assess your eligibility, file your initial application, or manage your renewals in Miami.
What is DACA?
Deferred Action for Childhood Arrivals (DACA) is a federal executive policy program created in 2012 under the Obama administration. DACA grants "deferred action" — a discretionary postponement of deportation action — to eligible individuals who came to the United States as children. It is not a direct path to citizenship or permanent residency, but a temporary, renewable protection that allows its beneficiaries to live and work legally in the country.
DACA recipients receive a two-year, renewable Employment Authorization Document (EAD). With this document they can work for any U.S. employer, obtain a driver's license in most states, open bank accounts, and access many services. However, DACA does not confer formal immigration status, does not permit travel abroad without prior authorization (advance parole), and does not by itself create a path to permanent residency.
Important: DACA has been subject to intense legal litigation since 2017. Federal courts have issued rulings alternately suspending and restoring the program for new applicants. Currently, USCIS continues to process renewals for existing recipients, but the acceptance of new first-time applications depends on the status of ongoing litigation. It is essential to consult with an up-to-date immigration attorney before making any decisions.
Who qualifies for DACA?
To be eligible for DACA, you must meet the following criteria established by USCIS:
- You arrived in the United States before your 16th birthday.
- You have continuously resided in the U.S. since June 15, 2007, through the date of your application.
- You were physically present in the U.S. on June 15, 2012, and at the time of filing.
- You were under age 31 as of June 15, 2012 (i.e., born after June 15, 1981).
- You are currently in school, have graduated or obtained a GED, or have been honorably discharged from the U.S. military or Coast Guard.
- You have not been convicted of a felony, a significant misdemeanor, three or more misdemeanors, and do not pose a threat to national security or public safety.
DACA Application or Renewal Process
Consultation and eligibility review
Attorney Jesus Reyes reviews your history of presence in the U.S., education, criminal record, and any prior travel abroad to confirm you meet all current DACA requirements. We also evaluate whether any pathways to more permanent immigration status may be available in your specific case.
Form I-821D and I-765 preparation
We prepare Form I-821D (Consideration of Deferred Action for Childhood Arrivals) along with Form I-765 (Application for Employment Authorization), accompanied by complete supporting documentation: evidence of entry before age 16, proof of continuous residence, educational or military records, and confirmation of no disqualifying criminal history.
Filing and case monitoring with USCIS
We submit the complete application to USCIS along with applicable filing fees. We actively monitor your case and respond to any Requests for Evidence. You are notified immediately when biometrics are scheduled and when there are updates in your case status.
EAD receipt and future planning
Once approved, you receive your two-year Employment Authorization Document. We proactively schedule a reminder to begin your renewal well in advance. We also continuously evaluate whether new pathways to more permanent immigration status have emerged that may apply to your situation.
Frequently Asked Questions About DACA
Can I file a brand-new first-time DACA application?+
Due to ongoing legal litigation, eligibility for brand-new first-time applications has varied. As of 2024–2025, federal courts have ordered pauses on the acceptance of new applications, although USCIS continues processing renewals for current recipients. The situation can change. Contact us to learn the current status of the program and whether there are options available to you.
Does DACA lead to a green card or citizenship?+
DACA does not by itself create a path to permanent residency or citizenship. However, in some cases DACA recipients may qualify for other forms of immigration relief — for example, if a U.S. citizen family member can file a petition on their behalf, or if an employer-based process is available. Attorney Jesus Reyes evaluates each case holistically.
Can I travel outside the U.S. with DACA?+
DACA recipients generally cannot travel abroad without first obtaining an advance parole authorization (Form I-131). Leaving the U.S. without this permission can result in the loss of DACA status and inability to return. Advance parole is subject to strict criteria and must be requested before any trip. Please consult with us before planning international travel.
When should I renew my DACA?+
It is recommended to file your renewal application 120 to 150 days (4–5 months) before your current permit expires. Starting early enough ensures your EAD remains valid throughout the processing period. Our Miami office will contact you proactively to coordinate your renewal.
Does filing DACA put my parents or other family members at risk?+
Information provided in a DACA application is confidential under USCIS policy and is not actively shared with ICE to initiate removal proceedings against you or your family members. However, policies can change with each administration. We always recommend having current legal counsel before filing or renewing any application.
Related Services
TPS — Temporary Protected Status
If you are a national of a TPS-designated country, this may be an additional protective option to complement DACA.
Employment-Based Residency
If you have an employer willing to sponsor you for a permanent work visa, we can guide you through that process.
Residency Through U.S. Citizen Spouse
If you have married a U.S. citizen, there may be a path to permanent residency through marriage.
Your situation has a solution.
Schedule a consultation of up to 30 minutes with Attorney Jesus Reyes and learn your legal options. $200.
Schedule Consultation — $200Or call: (888) 644-3683