For someone with DACA, renewing on time and without errors protects the work permit and the protection from deportation. DACA is not an immigration status or a green card, but a decision not to prioritize deportation for a period, together with the possibility of a work permit; if it expires, the person loses both until a new application is approved. An attorney reviews what has changed since the last approval, such as arrests, fines, or trips, prepares the forms, and explains whether there is a long-term path.
- Renewing on time and without errors protects the work permit and the protection from deportation.
- DACA is not an immigration status or a green card.
- If DACA expires, employment authorization and protection are lost until a new approval.
- The attorney reviews arrests, fines, trips, and errors in prior applications.
Introduction
If you have DACA, renewing on time and without errors is what protects your work permit and your protection from deportation. This guide is aimed at DACA recipients and their families in Florida, and it explains what an attorney does, how the program is renewed, what risks exist with criminal history and travel, and how to choose whom to consult. To speak with us, call 1-844-YO-PELEO or contact us.
An attorney reviews your history, prepares the forms, and explains whether there is any long-term path in your case. At Vasquez Law Firm we serve DACA recipients across Florida from our Orlando office, in person or by video and phone.
This text is general information and does not constitute legal advice. DACA has been subject to court decisions and rule changes, so you should confirm the current situation with USCIS and with an attorney before filing any application.
What a DACA lawyer does for you
Deferred Action for Childhood Arrivals (DACA) is not an immigration status or a green card. It is a government decision not to prioritize a person's deportation for a period, together with the possibility of obtaining a work permit. That is why each renewal matters: if it expires, the person loses employment authorization and protection until a new application is approved.
A DACA attorney does more than fill out forms. They review whether anything has changed since your last approval, such as an arrest, a fine, a trip outside the country, or an error in prior applications. They also explain which questions on the form are sensitive and which documents it is wise to submit. You can read more about this service on our page on legal representation in DACA cases.
DACA renewal: when and how it is done
The renewal is filed with USCIS using Form I-821D, Form I-765 for the work permit, and worksheet I-765WS, which explains your economic need for employment. USCIS has recommended filing the renewal several months before the expiration date. If it is filed too late, there may be a period without a work permit; if it is filed too early, the agency may treat the application differently. An attorney calculates the right date based on the expiration shown on your card.
If your DACA has already expired, the situation depends on how much time has passed. In some cases it can still be processed as a renewal and in others it is treated as a new application, which is subject to the program's current rules. That is why it is not wise to wait or guess.
How the process works in Florida
A DACA renewal generally follows these steps:
- File review. Your prior approval, its expiration date, your trips, and any change in your history are examined.
- Verification of current rules. It is confirmed which applications USCIS is accepting under current court decisions.
- Preparation. Forms I-821D, I-765, and I-765WS are completed, and the necessary evidence is gathered.
- Filing. The application is sent with the fee stated in the current instructions.
- Receipt notice and biometrics. USCIS confirms receipt and, where applicable, schedules fingerprinting.
- Decision. USCIS approves, asks for more evidence, or denies the application.
Most of this process is done by mail or online, so you do not need to live near our office. Biometrics appointments are assigned at a USCIS center based on your address.
A renewal is also an opportunity to put your file in order. When reviewing the prior approval, the attorney verifies that your personal data, address, and history match what appears in USCIS records. A small error, such as a name spelled differently or an inconsistent entry date, can trigger a request for evidence or a rejection.
If you have had changes in your life since your last renewal, such as a marriage, a divorce, a name change, a new job, or a move, it is wise to mention them at the consultation. Not all of them affect the case, but some must be reflected in the forms, and it is better to review them before filing.
The state of the program and why it changes
DACA has been in litigation in the federal courts for years. Court decisions have affected, for example, whether USCIS can approve initial applications and how the work permit is treated in certain states. These rules can change with a new decision or a new regulation. Attorneys who follow the program closely review the current situation before filing any application, so that you do not spend time or money on a process that does not apply.
That is why it is not wise to rely on old posts, forwarded messages, or social media rumors. Before deciding, verify the official USCIS information and consult an attorney who knows the current situation.
Document checklist for your DACA consultation
- Your current work permit card and your DACA approval notices.
- Copies of your prior applications, if you have them.
- Passport or identity document from your country.
- Any document from arrests, citations, or court cases, even if they were closed.
- Information about trips outside the country and any advance parole.
- Proof of continuous residence and, if you study or work, recent proof.
If you are missing a document, do not hold back: often the history can be reconstructed with school, medical, or employment records. What matters is to tell your story clearly and without omitting facts.
Timelines and what to expect
The time a renewal takes depends on USCIS's workload and on whether the agency asks for more evidence. USCIS publishes current processing times on its website, and those times change, so we do not state them on this page. The prudent approach is to file in advance, as the agency recommends, and keep the receipt notice.
The following table shows the general path and who acts at each stage; your case may have additional steps.
| Stage | What happens | Who acts |
|---|
| Prior review | The expiration, criminal history, and current rules are verified | Client and attorney |
| Filing | The forms and evidence are sent | Client and attorney |
| Receipt notice | USCIS confirms it received the application | USCIS |
| Biometrics | Fingerprints and a photograph are taken at an appointment | USCIS and client |
| Review | Possible request for additional evidence | USCIS and client |
| Decision | Approval or denial, with the work permit mailed | USCIS |
Criminal record, travel, and other risks
Convictions for felonies, certain misdemeanors considered significant, or several misdemeanors can prevent DACA from being approved. Even an arrest without a conviction must be reviewed, because the form asks about arrests and USCIS may request the case documents. If you have an open criminal case, your immigration attorney must coordinate with your criminal defense attorney, because a guilty plea can have immigration consequences.
Traveling outside the United States with DACA requires prior travel permission, called advance parole, which is requested with Form I-131 for humanitarian, educational, or employment reasons. Leaving without that permit can end your DACA. In some cases, returning with advance parole can also affect future green card options, for example when the person has a citizen spouse or adult child. This depends on each history, and it is one of the most important questions asked of attorneys.
If you have an open criminal case, or if you were ever detained by immigration authorities, that information is key to deciding what to do. In some situations, filing the renewal can expose information that is already in government records, and that is why the prior review of your record must be done with official court documents, not from memory. The documents are usually requested from the court or agency that handled the case, and obtaining them can take time.
Long-term options beyond DACA
Because DACA is temporary and does not by itself lead to a green card, many people ask whether there is another path. The answer depends on each story. Some people may have a family petition, for example through a citizen spouse or child, and the analysis must take into account how the person entered the country and any time of unlawful presence. Others may qualify for an employment category or for humanitarian protections.
An attorney reviews those possibilities and the risks of each before you make decisions, such as traveling with advance parole or filing a petition. If you are interested in how family petitions work, see our family immigration page.
It is also wise to talk about the security of your data. An attorney works with sensitive information, such as your entry date, your history, and your family's details. Ask how documents are stored, how they are shared over the internet, and who can access them. Secure channels for sending documents and protected video calls are part of a responsible service.
How to choose among DACA lawyers in Florida
Many people type phrases online that ask for a superior attorney. More useful than any label is to verify a few concrete facts:
- That the person is a licensed attorney. You can check this in the member directory of The Florida Bar.
- That they explain in writing what service you will receive and how much it costs before starting.
- That they review your complete history, not just your last DACA card.
- That they speak clearly with you about the risks and do not promise results.
Be careful with "notarios" or agents who offer immigration services. In the United States, a notary public is not an attorney and cannot give you legal advice about immigration. A mistake in a DACA application can be hard to correct.
How we work with Dreamers across Florida
Our only office is in Orlando, at 1111 E Amelia Street. We serve clients in Miami, Tampa, Jacksonville, and the rest of the state by secure video call and phone, and we receive in person in Orlando anyone who prefers it. Consultations are offered in Spanish and English. If you have questions about your renewal or your long-term options, you can contact our office to schedule a consultation.
Cost factors and fee breakdown
The cost of a DACA renewal combines USCIS fees and legal fees, and it can vary according to the current instructions.
| Item | Amount | Notes |
|---|
| Form I-821D | Check USCIS for the current fee | Review the form instructions |
| Form I-765 and worksheet I-765WS | Check USCIS for the current fee | The fee may change with the program's rules |
| Advance parole (I-131), if applicable | Check USCIS for the current fee | Requested only in cases of authorized travel |
| Legal fees | Varies by case | Should be explained in writing before starting |
| Copies of records and court documents | Varies by case | Requested from the court or the police |
Government fees change, and filing with the wrong amount can cause the application to be rejected. Always verify the official USCIS instructions before paying.
If you need help with costs, ask your attorney about payment options and any fee waiver the rules allow. A clear written agreement helps you plan your family's budget.
Before the consultation, write a short list of questions: When does my permit expire? Should I renew now? What happens if I travel? Do I have any other option? Arriving with clear questions makes the meeting more useful. Also bring a trusted relative to the appointment if that gives you peace of mind; many families prefer that someone else listen to the explanations and remember them later.
Remember that DACA is based on the government's discretion and does not replace a green card. Keeping your renewal up to date is important, but so is learning about other options when they exist, so that your immigration future does not depend only on a temporary program.
Common mistakes to avoid
- Waiting until the last moment to renew and being left without a work permit.
- Traveling abroad without approved advance parole.
- Not telling your attorney about a recent arrest, citation, or fine.
- Using old information or social media posts about the program's rules.
- Paying a notary or agent who is not an attorney to fill out your application.
- Moving without updating your address with USCIS.
When to call a lawyer
Call before renewing if you had any arrest, citation, or fine since your last approval, if you plan to travel, if your DACA has already expired or is about to expire, if USCIS sent you a request for evidence or a denial, or if you want to know whether there is a long-term option. A prior review is simpler than correcting a problem later, and in a program so sensitive to deadlines, a few days can make the difference between keeping and losing employment authorization. If your permit expires in a few months, do not wait until you feel ready: call, describe your situation, and let the attorney tell you what comes next. Be careful with any attorney who guarantees a result, because the final decision belongs to USCIS.
About Vasquez Law Firm
Vasquez Law Firm practices only immigration law. Our only office is at 1111 E Amelia Street, Orlando, and we serve clients across Florida by phone and secure video call, with in-person meetings in Orlando. William J. Vásquez is the founding attorney of the firm. Consultations are offered in Spanish and English. Call 1-844-YO-PELEO or contact us to schedule a consultation.
Sources and references
Related services: DACA, immigration lawyers in Florida
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This article is general information, not legal advice. Every case is different; speak with an immigration attorney about your situation.
