This is a critical update. As of April 2026, the DACA landscape is defined by ongoing litigation in the U.S. District Court for the Southern District of Texas (Judge Hanen). The most vital piece of “accurate” information for your page is that while renewals are being processed, the government is currently prohibited from granting new, initial DACA requests.

The DACA Process in 2026: A Comprehensive Guide for Dreamers

Since its inception in 2012, the Deferred Action for Childhood Arrivals (DACA) program has provided a vital lifeline for hundreds of thousands of young people, known as “Dreamers.” It offers temporary protection from deportation and the ability to work legally in the United States. However, the legal landscape surrounding DACA has become increasingly complex.

At Jarrett & Price, we understand that for DACA recipients, “the process” is about more than just paperwork—it is about your livelihood, your family, and your future. This guide provides an up-to-date look at the DACA process in 2026, the current legal hurdles, and how to protect your status.

1. The Current Legal Status of DACA (April 2026)

Before starting any application, it is essential to understand what USCIS is currently permitted to do under federal court orders.

• Renewals are Active: If you currently have DACA or your DACA expired less than one year ago, you can and should continue to file for a renewal. USCIS is actively processing these applications.

• Initial Applications are Blocked: Due to the ongoing permanent injunction from the Southern District of Texas, USCIS is not currently granting initial (first-time) DACA requests. While they may “accept” the filing of an initial application, they are legally barred from approving it at this time.

• Expired DACA (More than 1 Year): If your DACA expired more than one year ago, your filing is treated as an “initial” application rather than a renewal. Under current court orders, this means your application will likely be received but held in abeyance (not processed).

2. Eligibility Requirements for DACA

To qualify for DACA, an individual must meet several strict criteria established by the Department of Homeland Security (DHS). These requirements have remained the core of the program even amidst legal challenges:

1. Age at Arrival: You must have come to the U.S. before your 16th birthday.

2. Continuous Residence: You must have lived in the U.S. continuously since June 15, 2007, up to the present time.

3. Physical Presence: You must have been physically present in the U.S. on June 15, 2012, and at the time of your request.

4. Unlawful Status: You must have had no lawful status on June 15, 2012.

5. Education or Military Service: You must currently be in school, have graduated high school, obtained a GED, or be an honorably discharged veteran of the U.S. Armed Forces.

6. Criminal Record: You must not have been convicted of a felony, a “significant misdemeanor,” or three or more non-significant misdemeanors. You must also not pose a threat to national security or public safety.

3. The Step-by-Step DACA Renewal Process

For most of our clients in 2026, the focus is on the renewal process. USCIS recommends filing your renewal 120 to 150 days before your current status expires to avoid a lapse in work authorization.

Step 1: Preparation of Forms

The renewal package requires three primary forms:

• Form I-821D: Consideration of Deferred Action for Childhood Arrivals.

• Form I-765: Application for Employment Authorization.

• Form I-765WS: An economic necessity worksheet.

Step 2: Submission and Fees

In 2026, USCIS encourages online filing through a myUSCIS account, though paper filing is still available.

• Online Filing Fee: $555 (includes the I-821D and I-765).

• Paper Filing Fee: $605 (requires two separate checks or money orders).

• Note: There are no fee waivers for DACA except in extremely narrow circumstances (e.g., terminal illness or total disability).

Step 3: Biometrics Appointment

After filing, you will receive a receipt notice. Shortly after, you may receive a notice for a biometrics appointment at a local Application Support Center (ASC), where your fingerprints, photograph, and signature will be taken for background check purposes. In some renewal cases, USCIS may “reuse” previous biometrics, but you must wait for official notification.

Step 4: Decision

If approved, you will receive a new Approval Notice and a new Employment Authorization Document (EAD) card, typically valid for a two-year period.

4. Advanced Parole: Traveling Abroad

One of the most powerful tools for DACA recipients is Advance Parole (Form I-131). This allows a DACA recipient to travel outside the U.S. and return legally for educational, employment, or humanitarian reasons (such as visiting an ill relative).

The “Legal Entry” Benefit: For many Dreamers who originally entered the U.S. without inspection, a successful trip on Advance Parole provides a “lawful entry” upon return. This is a critical step for those who may eventually seek a Green Card through marriage to a U.S. citizen, as it may allow them to “adjust status” within the U.S. rather than leaving the country for a risky consular interview.

5. Why You Need an Immigration Attorney in 2026

While the forms may seem straightforward, the risks of an “accurate” filing have never been higher.

• Criminal Disqualifications: Even a minor “significant misdemeanor” (like a DUI or certain domestic incidents) can lead to a denial and a referral to ICE for removal.

• Policy Shifts: In an election year or during periods of intense litigation, USCIS policy can change overnight. We monitor these changes daily to ensure your application isn’t caught in a legal “gray zone.”

• Error Prevention: A simple typo on an A-Number or a missed signature can cause a rejection that delays your work permit, potentially leading to job loss.

Frequently Asked Questions (FAQs)

1. Can I apply for DACA for the first time in 2026?

Currently, USCIS is prohibited by a court order from approving initial DACA applications. While you can technically submit the paperwork, it will not be processed or granted until the legal injunction is lifted.

2. How much does it cost to renew DACA in 2026?

The fee is $555 if you file online and $605 if you file by mail. This covers the cost of the deferred action request and the work permit application.

3. When should I send in my renewal application?

USCIS recommends filing 120 to 150 days before your current expiration date. Filing earlier than 150 days is generally not recommended as it may result in a new two-year period that starts earlier than necessary.

4. Can I renew if my DACA has already expired?

If your DACA expired less than one year ago, you can still file a renewal. If it has been expired for more than one year, your application will be treated as an “initial” request and will likely be blocked by current court orders.

5. Does DACA provide a path to a Green Card?

DACA itself is not a path to residency or citizenship. However, many DACA recipients are eligible for other pathways, such as family-based petitions or the U-Visa. Traveling on Advance Parole can also help clear the path for a future Green Card application through marriage.

6. What happens if I am arrested while I have DACA?

Any arrest should be reported to your immigration attorney immediately. Certain “significant misdemeanors” or a series of smaller offenses can result in the immediate termination of your DACA status and lead to deportation proceedings.

7. What is a “significant misdemeanor” for DACA?

This includes offenses such as DUI, domestic violence, sexual abuse, burglary, or any offense for which you were sentenced to more than 90 days in custody.

8. Can I work while my DACA renewal is pending?

You can only work as long as your current Employment Authorization Document (EAD) is valid. Unlike some other visa categories, DACA work permits do not currently have an automatic 180-day extension. This is why timely renewal is so critical.

9. Do I need to submit a copy of my birth certificate every time I renew?

No. For renewals, you generally do not need to resubmit documents that USCIS already has on file unless your information (like your name or nationality) has changed.

10. Can I travel to Puerto Rico or the U.S. Virgin Islands with DACA?

Yes, as these are U.S. territories, travel is generally permitted without Advance Parole. However, it is always recommended to carry your valid EAD and passport, and consult an attorney if your flight has any layovers in foreign countries.

11. Is my information safe with USCIS?

Under current policy, information provided in DACA applications is generally protected from disclosure to ICE for deportation purposes, unless the applicant poses a national security threat or meets specific “Notice to Appear” (NTA) criteria.

12. What should I do if the courts end the DACA program entirely?

The legal battle is ongoing. If DACA is ended, it is likely there will be a “wind-down” period. We strongly advise all DACA recipients to have a “Screening Consultation” with our office to see if they qualify for other, more permanent forms of immigration relief that they may not be aware of.

Contact Jarrett & Price today at (855) 909-3021 to schedule a consultation. Let us help you navigate the 2026 DACA process with confidence and security.