DACA Resource Center

Deferred Action for Childhood Arrivals (DACA) protects eligible undocumented immigrants who were brought to the United States by their parents when they were children. DACA provides employment authorization (work permit) and protection from deportation. Although the Trump administration attempted to rescind the DACA program on multiple occasions, courts have generally ruled in favor of the DACA program. Currently, a Texas court injunction is blocking initial DACA applications. Therefore, U.S. Citizenship and Immigration Services (USCIS) will continue to process DACA renewals. However, while this injunction remains in place, USCIS will not accept initial DACA applications from first-time applicants and people whose DACA expired more than a year ago. Under current policy, USCIS is:

Accepting DACA renewal requests from individuals who currently have DACA; and
Accepting DACA renewal requests from individuals whose DACA expired less than one year ago.

If your DACA expired more than one year ago or you never applied for DACA, you may not apply now. In the near future, a decision is expected in the Texas court injunction. If the 5th Circuit Court of Appeals rules favorably, you may have the opportunity to apply in the future.

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Paths to Legal Status

The uncertain future for DACA has forced everyone to reconsider other possible paths to a legal status within the United States. In some cases, individuals have an available path to a green card and don't even realize it.

Are you married to a U.S. citizen? Has any family relative ever filed an immigration petition on your behalf? Have you ever been a victim of a crime or domestic violence? All of these questions are very important because they may lay a foundation for immigration alternatives aside from DACA. Marriage, employment, asylum status and the U visa are just a few of the possibilities. It's important that anyone with an undocumented status understands their options. Contact an immigration attorney or other legal service provider to analyze your situation.

Paths to Legal Status

A Future for Dreamers

Bipartisan DREAMer legislation was first introduced in 2001 but has struggled to get passage in Congress through its many iterations. The DREAM Act is a proposal for certain undocumented immigrants in the United States that would grant lawful permanent residence (green card).

With the new Biden administration, many are optimistic that he will restart the 2013 Comprehensive Immigration Reform package that he and President Obama supported. The original bill included provisions to protect DREAMers and give them a path to U.S. citizenship.

The legislation would allow these young people to earn lawful permanent residence and eventually U.S. citizenship if they meet certain requirements. Specific changes to law would include:

Permit students who have grown up in the U.S. to apply for registered provisional immigrant (RPI) status and eventually to obtain LPR status (a “green card”) if they go to college or serve in the U.S. military;
Provide an expedited pathway — it would take 5 years — from RPI status to LPR status and citizenship;
Allow young people who have been deported to apply to reenter the U.S. if they meet the eligibility requirements of the DREAM provisions; and
Improve college affordability for DREAMers and other immigrants by changing rules that limit their access to in-state tuition and college loans.

As news develops in 2021, check back in this DACA Resource Center for the last information.

Replace a DACA Card

Losing your work permit does not mean that you've lost your DACA status. Officially known as an Employment Authorization Document (EAD), your work permit is physical proof of your right to live and work in the United States.

If your work permit was lost or stolen, you’ll need to replace it as soon as possible. DACA status continues to be valid until the card expires.

Replace a Lost Work Permit

How CitizenPath Helps You Prepare the DACA Application

CitizenPath's self-directed service makes preparing the DACA application package easy. Designed by lawyers, our platform will help you eliminate the common errors that create delays, rejections and even denials. The affordable service also provides alerts if you answer a question in a way that might be a problem. It only takes a few minutes, and you’ll be able to file Forms I-821D, I-765 and I-765 worksheet to request deferred action status.

The online service is a powerful, do-it-yourself tool that puts you in control. And we've got your back -- CitizenPath provides live customer support, DACA resources, and a guarantee that USCIS will approve your application.

package to prepare Form I-821d DACA application

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DACA Resource FAQs

Based on USCIS guidelines, processing times and recent court rulings, CitizenPath recommends that our customers prepare and file the DACA renewal application five months (150 days) before the expiration date. DACA renewals continue to have long processing times. Therefore, we suggest that customers mail the DACA application package (Forms I-821D, I-765, I-765 worksheet and all supporting documents) to USCIS five months (but no less than four months) well before the expiration date. Here’s why:

USCIS processing times can be very lengthy. If a person’s DACA status expires, that individual could be without a valid work permit for a short time. What’s more, the time spent in an unlawful status accrues. That could create a problem in the future. If your current period of DACA expires before you receive a renewal, you will:

Accrue unlawful presence for any time between the periods of deferred action (unless you were under 18 years old when submitting request)
Not be authorized to work in the United States regardless of your age at the time of filing

Note: If USCIS does have the option to provide deferred action and employment authorization for a short period of time until they are able to finish processing your request. However, they will only do this if you filed your request at least 4 months before your current period of deferred action and employment authorization expire.

Most DACA recipients are able to submit a renewal application at this time. CitizenPath can help you prepare all three mandatory forms for the DACA application in a single process. We recommend that you file your DACA package 5 months before your current grant expires. This is the best way to avoid the accrual of unlawful presence and carrying an expired card. Even if your DACA grant already expired, you may apply.

If you file after your most recent DACA period expired, but within one year of its expiration, you may submit a request to renew your DACA.
If your most recent grant of DACA expired more than one year ago, you may not renew your status at this time. We recommend that you speak to an attorney to review your situation and strategies to get back in DACA status.

Maintain your DACA status. By law, individuals with an expired grant of DACA do become deportable. However, we do not know how ICE will treat these cases at this time. In the meantime, it's important to stay calm and avoid trouble. We understand these are very difficult times, but this is not the time to lose your head. It is important to participate in rallies, protests and the like. But do so wisely and avoid any wrongful or illegal activities that could get you arrested and perhaps prosecuted. That will only aggravate your situation.

We also encourage you to seek the advice of an immigration attorney that can explain your options.

Generally, Deferred Action for Childhood Arrivals (DACA) recipients are exempt from the requirement to have health coverage. Additionally, the Affordable Care Act (aka “ACA” or “Obamacare”) does not allow DACA recipients to purchase health coverage from its health plans. However, DACA recipients can receive health insurance through an employer, buy private health insurance, or potentially qualify for some state-run programs that provide free or low-cost medical services for children and adults with limited income and resources.

If you have been granted Deferred Action for Childhood Arrivals and have received a Social Security card, you may be eligible for a driver's license. The rules governing eligibility for a driver's licenses vary by state (not federal government like USCIS). Therefore a grant of DACA does not automatically provide access to a state driver's license. But DACA recipients who have obtained an Employment Authorization Card (work permit) and Social Security card generally can satisfy the state requirements for a driver’s license or state ID. Here’s how:

Determine if You are Eligible in Your State
Most states have confirmed that a driver's license will be available to individuals with a DACA grant. You may only obtain a driver's license in your state of residence. Contact your state’s department of motor vehicles to review the specific requirements for obtaining the driver's license or state ID.
Take Required Documents
In most cases, you will need to take your Social Security card and Employment Authorization Card (work permit) as identification when applying for a driver's license or state ID. Again, check your state's requirements.
Take the Tests
If you want a driver's license (rather than just a state ID), you will need to pass both a written test that covers traffic laws and a "behind the wheel" driving test.

Full list of Form I-821D FAQs >>